M. ANIL KUMAR v. THE STATE OF ANDHRA PRADESH

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13887/2026 WRIT PETITION NO: 13887/2026 Between:

1. M. ANIL KUMAR,, S/O. LAKSMANNA, AGED ABOUT 34 YEARS, M. ANIL KUMAR,, S/O. LAKSMANNA, AGED ABOUT 34 YEARS, M. ANIL KUMAR,, S/O. LAKSMANNA, AGED ABOUT 34 YEARS, OCC. FAIR PRICE SHOP DEALER, R/O. H.NO. 4 1, ERLADINNE OCC. FAIR PRICE SHOP DEALER, R/O. H.NO. 4-154-1, ERLADINNE VILLAGE, C. BELAGAL MANDAL, KURNOOL DISTRICT VILLAGE, C. BELAGAL MANDAL, KURNOOL DISTRICT VILLAGE, C. BELAGAL MANDAL, KURNOOL DISTRICT ...PETITIONER ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES, SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES, SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES, 522238 SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238 SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT THE COLLECTOR CS, KURNOOL DISTRICT, KURNOOL-518002 THE COLLECTOR CS, KURNOOL DISTRICT, KURNOOL 2. THE COLLECTOR CS, KURNOOL DISTRICT, KURNOOL THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL 3. THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL DISTRICT-518002

4. THE TAHSILDHAR, C. BEL AGAL MANDAL, KURNOOL DISTRICT- THE TAHSILDHAR, C. BELAGAL MANDAL, KURNOOL DISTRICT 518462 ...RESPONDENT(S): ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the Petition under Article 226 of the Constitution of India praying that in the Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be circumstances stated in the affidavit filed therewith, the High Court may be circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate writ, order or direction more pleased topleased to issue an appropriate writ, order or direction more pleased topleased to issue an appropriate writ, order or direction more of Writ of Mandamus, declaring the impugned particularly one in the nature of Writ of Mandamus, declaring the impugned particularly one in the nature orders of the 3rd respondent vide Rc.DT(LR) 227/2026, dated 20.04.2026, in orders of the 3rd respondent vide Rc.DT(LR) 227/2026, dated 20.04.2026, in orders of the 3rd respondent vide Rc.DT(LR) 227/2026, dated 20.04.2026, in suspending the authorization of the petitioner fair price Shop No. 1305026 of suspending the authorization of the petitioner fair price Shop No. 1305026 of suspending the authorization of the petitioner fair price Shop No. 1305026 of 2 RC,J W.P.No.13887 of 2026 Erladinne Village, C. Belagal Mandal, Kurnool District basing on the 6-A report issued by the 4th respondent, as illegal, arbitrary and in flagrant disregard to law and consequently set aside the aforesaid impugned orders of the 3rd respondent and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to continue the petitioner as fair price shop dealer to Shop No. 1305026 of Erladinne Village, C. Belagal Mandal, Kurnool District by suspending the impugned orders of the 3rd respondent in Rc.DT(LR) 227/2026, dated 20.04.2026, pending disposal of the above writ petition and pass Counsel for the Petitioner:

1. K NAGA PHANINDRA Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES The Court made the following: ORDER This writ petition is filed questioning the orders dated 20.04.2026 passed by respondent no.3 vide Rc.DT(LR) 227/2026 suspending the petitioner’s authorization in respect of FP Shop No.1305026, Erladinne Village, C.Belagal Mandal, Kurnool District.

2. Heard Sri K.Naga Phanindra, learned counsel for the petitioner, and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies.

3. Sri K. Naga Phanindra, learned counsel, while reiterating the contents of the writ affidavit would contend that the authorities, alleging variations in 3 RC,J W.P.No.13887 of 2026 the ground stock found during inspection of the FP shop, issued show cause notice calling for explanation, for which the petitioner submitted a detailed explanation, however, the authorities, without considering the explanation, in a mechanical way, suspended the authorization of the petitioner without giving reasons in violation of the orders passed by this Court in K.Prabhavathi vs. State of A.P. 1 , therefore, the impugned suspension order is liable to be set aside. Accordingly, prayed to allow the writ petition.

4. Sri Appasani Vineeth, learned Assistant Government Pleader, justified the impugned order of suspension contending that as the authorities found variation in between ground stocks and book, suspended the F.P.shop authorization of the petitioner, pending final enquiry, after following the procedure contemplated under law. He would further contend that the writ petition being meritless deserves dismissal. Accordingly, prayed to dismiss the writ petition.

5. Perused the material available on record and considered the submissions made by learned counsel for the parties.

6. The petitioner’s FP shop dealership authorization was suspended pending enquiry.

1. 2020(6) ALD 209 4 RC,J W.P.No.13887 of 2026

7. Clause 8(4)(2) of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018 mandates that the appointing authority shall dispose the disciplinary case filed against the fair price shop dealers as early as possible, preferably within a period of three (3) months from the date of filing, keeping in view of the convenience of the cardholders and for smooth functioning of Targeted Public Distribution System.

8. In view of the above, if the authorities fails to conclude the enquiry within three (03) months as stipulated under Clause 8(4)(2) of Control Order, 2018, the suspension orders passed by respondent no.3 vide Rc.DT(LR) 227/2026, dated 20.04.2026, shall stand revoked.

10. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. 7th May, 2026. ___________________________ JUSTICE RAVI CHEEMALAPATI RR