APHC010361752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18939/2025 Between: 1. D. KULLAYAMMA,, W/O. MASTHAN BHASA, AGED ABOUT 64 YEARS, R/O. 1-91A, 85 NITTURU, YELLANURU MANDAL, ANANTHAPUR DISTRICT - 515465. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE TULLUR MANDAL, GUNTUR DISTRICT. 2. THE COLLECTOR CIVIL SUPPLIES, ANANTHAPUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, YALLANURU MANDAL, ANANTHAPUR DISTRICT. 4. THE MANDAL REVENUE OFFICER, YALLANURU MANDAL, ANANTHAPUR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the 2 High Court may be pleased tomay be pleased to issue a Writ or Order more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.4, in stopping the supply of essential commodiiies to the petitioner in respect of his Fair Price Shop No. 12229002 of 85 Nittur Village, Yallanur Mandal, Ananthapur District, as illegal, arbitrary, contrary to the principles of natural Justice and in voilation of Articles 14, 19 and 21 of Constitution of India, and consequently direct the respondents to supply essential commodities to the petitioner in respect of her Fair Price Shop No. 1229002 of Nittur Village, Yallanur Mandal, Ananthapur District, and 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 t may be pleased to direct the Respondents to supply essential commodities to the Petitioner in respect of Fair Price Shop No. 1229002 of Nittur Village, Yallanur Mandal, Ananthapur District, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. K KEDHARNATH CHOWDARY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 The Court made the following order: The petitioner is the dealer of fair price shop No.1229002 of 85 Nittur Village, Yallanur Mandal, Ananthapur District. It is the case of the petitioner that, he has been distributing the essential commodities to the cardholders without any complaints and to the utmost satisfaction of the respondents. It is further stated that, the 4th respondent along with staff inspected the petitioner’s fair price shop on 08.05.2025, and noticed certain variations in the stock. It is the specific case of the petitioner that, the alleged variations are within the permissible limit as per Clause 29(a) of AP State Targeted Public Distribution System (Control) order, 2018. Despite the same, the inspecting officials seized the stock, including the Epos machine and weighing machine, without duly considering the petitioner’s explanation drawn panchanama. The seized stock was handed over to Village Revenue Officer. Thereafter, the respondents kept quite in the matter. It is further case of the petitioner that, the respondents stopped supplying the essential commodities to him without issuing any order of suspension or cancellation of his authorization. Questioning the said action of the respondents, the present writ petition is filed. 2. On the other hand, learned Assistant Government Pleader for Civil Supplies would submit that, a report was sent to the 2nd 4 respondent for initiating action against the petitioner under Section 6A of Essential Commodities Act, 1955. Though it is stated that a report has been sent to the 2nd respondent for initiating action against the petitioner, a perusal of the instructions dated 25.07.2025 furnished by the 3rd respondent would reveal that till date no action is taken against the petitioner. Further, no notice is issued to the petitioner so far. In the absence of initiation of action against the petitioner, the respondents are bound to supply essential commodities. 3. Taking into consideration of the facts and circumstances of the case, the present writ petition is disposed of, directing the respondents to forthwith supply the essential commodities to the petitioner. 4. Accordingly the writ petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR Dt.25.07.2025 DSB 5 212 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR WP No.18939 of 2025 Date 25.07.2025 U DSB