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2025 DAILYLAW 25585 (AP)

Yarramareddygari Raghunath Reddy, v. The State of Andhra Pradesh,

WP/18655/2025 · 2025-07-22

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AH - ATAMARAVATI (Special Original Jurisdiction) APHC010361742025 /£ ' ri 5 ’I WEDNESDAY, TH^ TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE V PRESENT 0^ THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18655 OF 2025 Between: Yarramareddygari Raghunath Reddy, S/o. Yarramareddygari Ramachandra Reddy, aged about 49 years Ananthapur District - 515465. R/o. 1-72, Thirumalapuram, Yallanur ...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. ...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 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 commodities to the petitioner in respect of his Fair Price Shop No. 1229006 of Thirumalapuram Village, Yallanur Mandal, Anathapur 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 his Fair Price Shop No. 1229006 of Thirumalapuram Village, Yallanur Mandal Anathapur District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to supply essential commodities to the Petitioner in respect of Fair Price Shop No 1229006 of Thirumalapuram Village, Yallanur Mandal, Anathapur District, pending disposal of the above writ petition. Counsel for the Petitioner : SRI K. KEDHARNATH CHOWDARY Counsel for the Respondent Nos.1 & 2 : GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos.3 & 4 : GP FOR REVENUE The Court made the following order: APHC010361742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18655/2025 Between: 1.YARRAMAREDDYGARI RAGHUNATH REDDY,, S/0. YARRAMAREDDYGARI RAMACHANDRA REDDY, AGED ABOUT 49 YEARS R/0. 1-72, THIRUMALAPURAM, YALLANUR, ANANTHAPUR DISTRICT - 515465. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES VELAGAPUDI VILLAGE, DISTRICT. SECRETARIAT BUILDINGS, TULLUR MANDAL, GUNTUR' 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): 2 Petition under Article 226 of the Constitution of India that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a Writ Order more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.4, in stopping the supply of essential commodities to the petitioner in respect of his Fair Price Shop No.1229006 of Thirumalapuram Village, Yallanur Mandal, Anathapur District, as illegal, arbitrary, cqntrary 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 his Fair Price Shop No. 1229006 of Thirumalapuram Village, Yallanur Mandal, Anathapur District, and pass lA NO: 1 OF 2025 praying or 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 direct the Respondents to supply essential commodities to the Petitioner in respect ofFair Price Shop No. 1229006 of Thirumalapuram Village, Yallanur Mandal, Anathapur District, pending disposal of the above writ petition and pas Counsel for the Petitioner: praying that in the 1.K KEDHARNATH CHOWDARY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES 3 The Court made the following order: It is the case of the petitioner that, he is the fair price shop dealer for shop No. 1229006 of Thirumalapuram Village, Yallanur Mandal, Ananthapur District. It is further case of the petitioner that, he is distributing essential commodities to the card holders to the utmost satisfaction of the respondents. While so, the 4 respondent along with staff, inspected the petitioner’s fair price shop on 03.02.2025 and found certain variations in the stock. It is further stated that, the said variations are within the permissible limits as per clause 29 of AP Targeted Public Distribution System (Control), Order, 2018. Despite the petitioner informing the same to request to the inspecting officers, the stock in his godown was seized and handed over to the Village Revenue Officer. It is further case of the petitioner that, pursuant to the inspection conducted on 03.02.2025, no notice was issued to the petitioner till date, nor any action is initiated either by passing order of suspension or cancellation against the petitioner. It is further stated that, without initiating any action, the respondent authorities have stopped the supply essential commodities to the petitioner. Questioning the same, the present writ petition is filed. th 4 2. On the other hand, learned Assistant Government Pleader for Civil Supplies placed on record the instructions dated 18.07.2025, furnished by the 4^'' respondent. On perusal said instructions it is clear that, the inspecting officer have seized the physical balance stock available in the petitioner’s fair price shop and the same was handed over to one Sri S.Sivaprakash Reddy, Village Revenue Officer, Thirumalapuram Village, Yellanur Mandal, for safe custody. It is further stated that, when the panchanama was drawn, the petitioner refused to sign and thereafter a report has been submitted to the 3'"' respondent for taking necessary action against the petitioner under Section 6A of Essential Commodities Act, 1955. The instructions does not indicate whether any show cause notice is issued to the petitioner or not for taking disciplinary action against the petitioner. In the absence of any action against the petitioner, the respondent authorities are bound to supply the essential commodities to the petitioner’s fair price shop. Admittedly, in the case on hand, no such action is initiated so far. 3. Having regard to the submissions made by the learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies, the present writ petition is disposed of 5 directing the respondents to supply the essential commodities to the petitioner’s fair price shop forthwith. 4. This order will not preclude the respondent authorities from initiating appropriate action against the petitioner, in accordance with law. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- V. DIWAKAR DEPUTY REGISTRAR J //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Consumer Affairs Food and Civil Supplies, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. (By RPAD) 2. The Collector Civil Supplies, Ananthapur District. (By RPAD) / ^^^;^The Revenue Divisional Officer, Yallanuru Mandal, Ananthapur District. (By RPAD) 4. The Mandal Revenue Officer, Yallanuru Mandal, Ananthapur District. (By RPAD) 5. One CC to Sri K. Kedharnath Chowdary, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies Cnr HIGH COURT DATED:23/07/2025 ORDER WP NO. 18655 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS