APHC010307322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15429/2025 Between: K Chinna Ramasubba Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. N RANGA REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2 The Court made the following order: It is the case of the petitioner that he was appointed as a Fair Price Shop Dealer of Shop bearing No.1228021, situated at Gopurajupalli Village, Putlur Mandal, Anathapuram District. It is further case of the petitioner that, since the date of appointment, he has been discharging duties without complaints from any corner and his authorization was renewed from time to time. While so, the respondents, without following the due procedure contemplated under law and without issuing any notice, refused to supply the essential commodities to the petitioner’s shop, on the premise that the shop of the petitioner was inspected on 03.04.2025 and certain variations in the stock were found. It is specifically pleaded in the affidavit filed in support of the present writ petition that, in order to accommodate person of their choice, the respondents stopped the supply of stock to the petitioner. It is further stated in the affidavit that it is settled law that, without following the procedure contemplated under the Control Orders, the respondent cannot refuse to supply the stock to the petitioner. 3 2. In support of the case of the petitioner, he relied on the order passed in Oleti Tirupathamma Vs. District Supply Officer1. The relevant portion of the order reads as follows: “16. A statutory authority, it is trite, must act within the four corners of the statue in term of the statutory orders and procedure laid down to suspend the licence. As already noticed hereinbefore, the authorities under the relevant order have power to suspend the authorization or license of the dealer. Without applying its mind and without taking recourse thereto, the Court should not normally permit the authorities, unless extraordinary situation exists, to allow them to do something indirectly, which they cannot do it directly. If a broad proposition to this effect is laid down, the same, in a given case may amount to abuse of the process of law. The High Court while exercising its jurisdiction under Article 226 of the Constitution of India, acts sentinel qui vive and thus it has to protect the citizen from arbitrary and capricious action of the executive. If the licensing authority themselves upon application of mind come to the conclusion that the irregularities committed by the fair price shop dealer would warrant suspension of his license, it may do so. But, in our considered opinion, the authority without taking recourse to the said action, cannot, refuse to supply the essential commodities. In the event an order of suspension of license is passed, the authorities will have to make an alternative arrangement. But, in a case of this nature, the card holders would be the worst suffers inasmuch their essential commodities would not be supplied to them at all.” 3. Learned Assistant Government Pleader for Civil Supplies does not dispute the factual matrix of the case. 4. It is not in dispute that the respondents conducted enquiry on 03.04.2025, and found certain variations in the stock. But admittedly, till today, no notice is issued to the petitioner, pursuant to the said inspection. In the absence of any action against the petitioner, the respondents cannot stop supplying the essential commodities to the 1 2002(1) ALD 577 4 petitioner and if it is allowed, the card holders would be put to sufferance. Therefore the action of the respondents cannot be countenanced. 5. In view of the above and following the ratio laid down by this Court in Oleti Tirupathamma Vs. District Supply Officer, the present Writ Petition is allowed, directing the respondents to supply essential commodities to the petitioner’s Fair Price Shop bearing No.1228021, situated at Gopurajupalli Village, Putlur Mandal, Anathapuram District. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR Dated: 26.06.2025 ANS 5 214 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15429/2025 Dated: 26.06.2025 ANS