APHC010339932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18021/2025 Between: 1. KONDALA ANANDA RAO, S/O. K. BANGARAPPADU, AGED ABOUT 58 YEARS, OC F.P.SHOP DEALER, F.P.SHOP NO.0219030, R/O. D.NO. 4-92, KENGUVA VILLAGE, GAJAPATHINAGARM MANDALAM, VIZIANAGARAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY. FOOD, CIVIL SUPPLIES CONSUMER AFFAIRS (CS-I) DEPT., A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, THULLURU MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. THE COLLECTOR CS, VIZIANAGARAM, VIZIANAGARAM DISTRICT, 3. THE REVENUE DIVISIONAL OFFICER, C O BOBBILI, VIZIANAGARAM DISTRICT. 4. THE TAHSILDAR, CCO GAJAPATHINAGARAM MANDALAM, VIZIANAGARAM DISTRICT. 2 TCDS,J W.P.NO.18021 OF 2025 5. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, GAJAPATHINAGARAM MANDALAM, VIZIANAGARAM DISTRICT. ...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 a Writ of mandamus or any other appropriate Writ Order or Direction declaring the action of the Respondents No.2 to 5 in not allowing the petitioner to run the Fair Price Shop Dealer, without supplying the essential commodities, in the absence of passing any order either suspending or cancelling the authorization of the petitioner is illegal and arbitrary, violative of principles of natural Justice and consequently direct the respondents no. 2 to 5 to continue the supply of essential commodities to the petitioner regularly and allow him to run the Fair Price Shop Dealer of F.P. Shop no. 0219030 Kenguva Village, Gajapathinagaram Mandalam, Vizianagaram District, and to pass IA 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 to allow the petitioner to function as Fair Price Shop Dealer in F.P. Shop no. 0219030 Kenguva Village, Gajapathinagara m Mandalam, Vizianagaram District by supplying the essential commodities to the petitioner’s F.P. Shop No. 0219030 Kenguva Village, Gajapathinagaram Mandalam, Vizianagaram District, pending disposal of the writ petition and to pass s Counsel for the Petitioner: 1. G SRAVAN KUMAR Counsel for the Respondent(S): 3 TCDS,J W.P.NO.18021 OF 2025 1. GP FOR CIVIL SUPPLIES The Court made the following ORDER: The petitioner is permanent fair price shop dealer for shop No.0219030 of Kenguva Village, Gajapathinagaram Mandal, Vizianagaram District. It is the further case of the petitioner that he is distributing the essential commodities to the cardholders to the utmost satisfaction of respondent authorities. It is stated that while so, the 5th respondent and Village Revenue Officer of Kenguva Village, inspected the fair price shop and found certain variations in the stock. Thereafter, they have prepared a panchanama and sent a report dated 16.04.2025, to the 3rd respondent recommending to take action against the petitioner. In pursuance of the same, the 3rd respondent issued a show cause notice dated 29.04.2025 to the petitioner calling for explanation, as to why, the authorization of the petitioner shall not be cancelled. Upon receiving the said show cause notice, the petitioner submitted explanation to the 3rd respondent. 2. It is specific case of the petitioner that despite submitting the explanation, for the reasons best known to the respondents, they stopped supplying essential commodities to the petitioner’s 4 TCDS,J W.P.NO.18021 OF 2025 fair price shop. Questioning the said action, the present writ petition is filed. 3. On the other hand, learned Assistant Government Pleader for Civil Supplies, appearing for the respondents placed written instructions dated 08.07.2025 furnished by the 3rd respondent. On perusal of the same, it is clear that the 3rd respondent issued another show cause notice dated 20.05.2025, after considering the explanation offered by the petitioner, on the same day, the respondent authorities imposed penalty of Rs.13,500/-, which was deposited by the petitioner on the same day itself. Thereafter, the 3rd respondent issued proceedings in R.C.No.335/2025/A, dated 29.06.2025, whereunder the petitioner is permitted to run fair price shop. The said instructions further read that the fair price shop dealers have started distribution of essential commodities from 26.06.2025 onwards to senior citizens at their door steps well in advance for the month of July, 2025. The petitioner is permitted to supply essential commodities by proceedings dated 29.06.2025 of the 3rd respondent, and by the said date, stocks were already distributed, the stock could not be supplied to the petitioner for July, 2025. It is further stated that in view of new policy introduced by the Government, essential 5 TCDS,J W.P.NO.18021 OF 2025 commodities could not be supplied to the petitioner for the month of July. It is further stated in the instructions that, the stock will be supplied to the petitioner from August, 2025 onwards. 4. In view of the same, the present Writ Petition is disposed of directing the respondents to supply essential commodities to the petitioner from the month of August, 2025 onwards without fail. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR 18.07.2025 LSP 6 TCDS,J W.P.NO.18021 OF 2025 62 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18021/2025 18.07.2025 LSP