APHC010114762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No: 6079 OF 2025 Between: Kochera Sanjeevamma, W/o. late Raju, Aged about 59 years, R/o. Murthy Rakshna Nagar, Bapatia Town, Bapatia District (FP Shop No. 0789030). ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Civil Supplies Department, Secretariat, Velagapudi, Amaravathi. 2. The Joint Collector & Additional District Magistrate, Bapatia, (CS), Bapatia District. 3. The Revenue Divisional Officer & Sub Divisional Magistrate, Bapatia, (C.S) Bapatia District. 4. The Deputy Tahsildar, Civil Supplies (CS), Bapatia Mandal, Bapatia District. 5. Dara Ananda Kumari, W/o.Dara Ashok, Aged about 31 R/o.D.No.1-1-31 ,Chillaragolla Palem, 9 District. years. Ward, Bapatia Town and th (R5 is impleaded as per the Court’s Order dated 07.07.2025 i IA.No.02 of 2025 in Writ Petition and Affidavit.) in ...RESPONDENTS 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 pleased to issue any writ or order or direction more particularly one in the w / nature of WRIT OF MANDAMUS declaring the action of the respondents i not supplying essential commodities for distribution to the card holders No.0789030 of Bapatia Mandal and Town, arbitrary and without any authority of law respondents to supply essential commodities for holders of shop No.0789030 of Bapatia Mandal and the interest of justice. lA No: 1 OF 202fi 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 to direct the respondents 3 and 4 to supply commodities distribution to the card holders of Shop No.0789030 of Town, Bapatia District pending the Writ Petition. Counsel for the Petitioner: SRI RAJA REDDY KONETI Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.5: SRI SARANU PHANI TEJA The Court made the following order: in of shop Bapatia District as illegal and and consequently direct the distribution to the card Town, Bapatia District in to the petitioner for Bapatia Mandal and dx APHC010114762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6079/2025 Between; 1.KOCHERA SANJEEVAMMA,, W/0. LATE RAJU, AGED ABOUT 59 YEARS, R/0. MURTHY RAKSHNA NAGAR, BAPATIA TOWN, BAPATIA DISTRICT (FP SHOP NO. 0789030). ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE, BAPATLA, (CS), BAPATLA DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER AND SUB DIVISIONAL MAGISTRATE, BAPATLA, (C.S) BAPATLA DISTRICT. 4.THE DEPUTY TAHSILDAR, CIVIL SUPPLIES (CS), BAPATLA MANUAL, BAPATLA DISTRICT. 5.DARA ANANDA KUMARI, W/0 DARA ASHOK, AGED ABOUT 31 YEARS, R/0 D.NO.1-1-31, CHILLARAGOLLA PALEM, 9TH WARD, BAPATLA TOWN AND DISTRICT. R5 IS IMPLEADED \ 2 TCDS,J W.P.No.6079 of 2025 AS PER THE COURT'S ORDER DT.07.07.2025 IN I.A.NO.02 OF 2025. ...RESPONDENT(S): 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 pleased topleased to issue any writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not supplying essential commodities for distribution to the card holders of shop no.0789030 of Bapatia Mandal and Town, Bapatia District as illegal and arbitrary and without any authority of law and consequently direct the respondents to supply essential commodities for distribution to the card holders of shop no.0789030 of Bapatia Mandal and Town, Bapatia District in the interest of justice lA NO: 1 OF 2025 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 3 and 4 to supply commodities to me for distribution to the card holders of shop no.0789030 of Bapatia Mandal and Town, Bapatia District pending the Writ Petition, lA NO: 2 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to implead the Proposed Respondent No. 5 as Respondent No. 5 in W.P. No. 6079 of 2025 and also pending miscellaneous petitions therein and to pass Counsel for the Petitioner: praying that in the 1.RAJA REDDY KONETI Counsel for the Respondent{S): 1 .GP FOR CIVIL SUPPLIES 3 TCDSJ W.P.No.6079 of 2025 ■A The Court made the following order; The present writ petition is filed questioning the action of the respondents in not supplying essential commodities to the petitioners fair price shop No.0789030 of Bapatia Town and Mandal, for distribution to the card holders. it is the case of the petitioner that she is running the above Fair Price Shop representing ‘Priyadarshini Dwakra Group’. It is further case of the petitioner that on 12.12.2024 at about 5.00 p.m., the 4 respondent along with V.R.O. and mediators verified the stock register and found excess quantity of 16.85 quintals of rice. In view thereof, a report was sent by the 4*'' respondent on 11.12.2024 to the 3'"'^ respondent for taking action against the petitioner. In pursuance thereof, the 3 2. th rd respondent issued show-cause notice dated 18.12.2024 to the petitioner as to why the authorization shall not be cancelled for violation of APSTPDS (Control) Order, 2018 r/w Essential Commodities Act, 1955. The petitioner claims that she submitted explanation on 26.12.2024 and the same was received by the 3'^^ respondent on 28.12.2024. It is further case of the petitioner that without conducting any enquiry in pursuance of the show-cause notice, the 3^^ respondent by proceedings dated 21.01.2025 appointed the 5**^ respondent as Fair Price Shop Dealer. It is specific I 4 TCDS.J W.P.No.6079of2025 X-'' case of the petitioner that without initiating any action against the petitioner and without suspending the authorization of the petitioner, the respondents have stopped supplying essential commodities to the petitioner. Questioning the same, the present writ petition is filed. The 5^^ respondent filed counter affidavit stating that, she is a member of “Sri Krishna Jyothi Dwakra Group” of Bapatia Town and she was recommended for appointing as Fair Price Shop Dealer, and accordingly by proceedings dated 21.01.2025 she was appointed dealer of the Fair Price Shop in dispute. It is further case of the 5*^ 3. as respondent that initially one Smt.Kochera Sumalatha was appointed as temporary Fair Price Shop dealer and the writ petitioner is mother- in-law of the said Sumalatha. It is further stated that the said Sumalatha is not residing in the village and the writ petitioner running the fair price shop. After conducting inspection with regard to the alleged variations in respect of the stock, the authorization of Kochera Sumalatha was was suspended by proceedings dated 18.01.2025 and thereafter her authorization was terminated by proceedings dated 23.04.2025 by the 4*'^ respondent. It is further stated that the writ petitioner is absolute stranger and she was not the dealer of the fair price shop in dispute and therefore she has locus standi to file the writ petition. Since the petitioner was present no ■'V 5 TCDS.J W.P.No.6079 of 2025 during the inspection, inadvertently without verifying the records show cause notice dated 18.12.2024 was issued to the petitioner. 4. Heard learned counsel for the petitioner, learned counsel for the S**" respondent and the learned Assistant Government Pleader for Civil Supplies. Perused the material available on record. 5. It is not in dispute that originally Smt.Kochera Sumalatha was appointed as Fair Price Shop Dealer, which is in question. It is also not in dispute that after inspecting the Fair Price Shop of the said individual, a show-cause notice was issued to her and after enquiry, her authorization was terminated by proceedings dated 23.04.2025. The copy of termination proceedings filed along with the counter affidavit of the 5**^ respondent. 6. On the other hand, learned Assistant Government Pleader for Civil Supplies would submit that show-cause notice dated 18.12.2024 was issued to the petitioner inadvertently and on noticing the same, the said show-cause notice was withdrawn on 19.01.2025. A copy of the said proceedings is placed before this Court and the same is placed on record. 7. Though it is stated by the counsel for the petitioner that, she is appointed as dealer of fair price shop, nothing is placed on record to 6 TCDSJ W.P.No.6079 of 2025 substantiate her claim. The present writ petition is filed based show cause notice dated 18.12.2024, which was issued inadvertently to the petitioner. Further, the said show cause notice was also withdrawn by proceedings dated 19.01.2025 by the 4^" respondent. Therefore, the present writ petition cannot be entertained inasmuch as the petitioner as no locus standi. on 8. Further, the authorization of the original dealer Smt.Kochera Sumalatha, was suspended by proceedings dated 18.01.2025 and thereafter her authorization was terminated by proceedings dated 23.04.2025. On perusal of the counter affidavit of the 5*^" respondent, it is clear that she was appointed as fair price shop dealer by proceedings dated 21.01.2025 and since then she is distributing the essential commodities and the same is not disputed by the learned Assistant Government Pleader for Civil Supplies. 9. For the reasons recorded above, the petitioner is an absolute stranger to the Fair Price Shop in dispute, and there is no locus standi to file the present writ petition further as already noted supra nothing is placed on record to show that the petitioner is appointed as fair price shop dealer in respect of shop No.0789030 of Bapatia Town and Mandal, the writ petition cannot be entertained. \ 7 TCOS.J W.P.No.6079of2025 Accordingly, the writ petition is dismissed. There shall be no 10. order as to costs. As a sequel, pending applications, if any, shall stand closed Sd/- M. SRINIVAS assistant registrar //TRUE COPY// OFFICER S To, ^X^One CC to Sri Raja Reddy Koneti, Advocate [OPUC] 2. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 3. One CC to Sri Saranu Phani Teja, Advocate [OPUC] 4. Two CD Copies. gi f* . i - / 3(^. HIGH COURT DATED:07/07/2025 ORDER WP No. 6079 OF 2025 5 ?3JUL 2025 ° i? C9. ^ Current Section ^ ANDff^ -e ?? 5 2 3 JUL 2025 S era s' Current Section ^ ^££spatcvj^' DISMISSING THE WRIT PETITION WITHOUT COSTS