t- APHC010365152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) % /\ In T WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18681 OF 2025 Between: N. Narayana Swamy, S/o. Late Bojjaiah, Aged about 59 years, Fair Price dealer. Shop No. 1049029 Pitchireddipalli Village, R/o. Bukkapatnam Village, Kalepalli Post, G.D. Nellore Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs, Food Civil Supplies Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The District Collector, (Civil Supplies) Chittoor District, Chittoor. 3. The Tahsildar, G.D. Nellore Mandal Chittoor District. 4. The Enforcement Deputy Tahsildar, G.D. Nellore Mandal, Chittoor District. 5. K Yesoda, W/o Kondanda Reddy, Major, R/o. Pitchireddipalli Village, Kalepalli Post, G.D. Nellore Mandal, Chittoor 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 Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2"'^ Respondent In stopping supply of PDS rice. Dal, Palm Oil, Jovar, Sugar and others to the if ■ i(* 4 Petitioners Fair Price Shop No. 1049029 of Pitchireddipalli Village, G.D. Nellore Mandal, Chittoor District at the instance of 5^'^ Respondent without following due process of law, with intimating the Petitioner, without hearing him, abruptly stopping the supply, is illegal, arbitrary, unjust, violation of fundamental rights guaranteed under Articles 14 16 of Constitution of India and consequently direct the Respondent to supply of PDS rice. Dal, Palm Oil, Jovar, Sugar and others to the Petitioners Fair Price Shop No. 1049029 of Pitchireddipalli Village, G.D. Nellore Mandal, Chittoor District for distribution. i r 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 2"^ Respondent to supply the PDS rice. Dal, Palm Oil, Jovar, Sugar and others to the Petitioner’s Fair Price Shop No. 1049029 of Pitchireddipalli Village, G.D. Nellore Mandal, Chittoor District during pendency of this Writ Petition. Counsel for the Petitioner: SRI A. SYAM SUNDAR REDDY Counsel for the Respondent Nos.1 to 4 : GP FOR CIVIL SUPPLIES Counsel for the Respondent No.5 : NONE APPEARED The Court made the following order: »• APHC010365152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3505] r PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18681/2025 Between: 1.N NARAYANA SWAMY, S/O LATE BOJJAIAH, AGED ABOUT FAIR PRICE DEALER, SHOP NO. 1049029 59 YEARS, PITCHIREDDIPALLI VILLAGE, R/0 BUKKAPATNAM VILLAGE, KALEPALLI POST, G.D. NELLORE MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY CONSUMER AFFAIRS, FOOD DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, (CIVIL SUPPLIES) CHITTOOR DISTRICT, CHITTOOR. 3.THE TAHSILDAR, G.D. NELLORE MANDAL CHITTOOR DISTRICT. 4.THE ENFORCEMENT DEPUTY TAHSILDAR G D NELLORE MANDAL, CHITTOOR DISTRICT. 5.K YESODA, W/0 KONDANDA REDDY PITCHIREDDIPALLI VILLAGE, NELLORE MANDAL, CHITTOOR DISTRICT. CIVIL SUPPLIES MAJOR, R/0 KALEPALLI POST, G.D. ...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 to issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2'"'* Respondent in stopping supply of PDS rice. Dal, Palm Oil, Jovar, Sugar and others to the Petitioners Fair Price Shop No. 1049029 of Pitchireddipalli Village, G.D. Nellore Mandal, Chittoor District at the instance of 5TH Respondent without following due process of law, with intimating the Petitioner, without hearing him, abruptly stopping the supply, is illegal, arbitrary, unjust, violation of 2 fundamental rights guaranteed under Articles 14 16 of Constitution of India and consequently direct the 2"" Respondent to supply of PDS rice. Dal, Palm Oil, Jovar, Sugar and others to the Petitioners Fair Price Shop No.1049029 of Pitchireddipalli Village, G.D.Nellore Mandal, Chittoor District for distribution. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances 1 the affidavit filed in support of the petition, the High Court be pleased to direct the 2"' Respondent to supply the PDS rice. Palm Oil, Jovar, Sugar and others to the Petitioner’s Fair Price 1049029 of Pitchireddipalli Village, G.D. Nellore Mandal, stated in may Dal Shop No. Chittoor District during pendency of this Writ Petition. Counsel for the Petitioner: 1 .A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO. 18681 of 2025 ORDER: It is the case of the petitioner that he was appointed as fair price shop dealer of shop No. 1049029 of Pitchireddipalli Village, GD Nellore Mandal, Chittoor District. It is further case of the petitioner that he was distributing the essential commodities to the cardholders without therebeing any complaint. It is further case of the petitioner that since November 2023 onwards, the respondent authorities stopped supplying the essential commodities to the petitioner’s fair price shop without issuing any notice and without passing order of suspension or cancellation against him. Questioning the said action of the respondents the present writ petition is filed. On the other hand, the learned Assistant Government Pleader for 2. rd Civil Supplies placed instructions, dated 23.07.2025 furnished by the 3 th respondent. On perusal of the said instructions, it is stated that the 4 respondent inspected the fair price shop of the petitioner on 05.10.2020 and found certain variations in the stock maintained by him. In view of the same, a case under Section 6(A) of the Essential Commodities Act, 1955 was booked against the petitioner and the same is pending enquiry. After registration of the same, a show cause notice dated 25.10.2023 was issued to the petitioner calling for explanation in the matter. The instructions further read that the petitioner did not submit any explanation. It is further stated that in view of the same, the respondents stopped the supply of the essential commodities to the petitioner and they made 4 alternative arrangement so as to avoid inconvenience to the cardholders’' to receive the essential commodities. The record. instructions are placed on 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. Perused the record. material available on 4. On perusal of the instructions dated 23.07.2025 though show cause notice dated 25.10.2023 it is clear that was issued to the petitioner it is apparent that no order of suspension against him. In the absence of any order against the respondents are bound to supply essential commodities to the fair price shop. Apart from the or cancellation is passed petitioner, the petitioner’s same, on perusal of the instructions it is also clear that neither a temporary dealer appointed in the place of the petitioner. nor a permanent dealer is 5. In view of the same, the present Writ Petition is disposed of directing the respondents to supply essential commodities to the petitioner’s fair price shop forthwith. It is needless to mention that the respondents are at liberty to take action against the petitioner in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending if any, shall stand closed. Sd/- V. DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Department, State of Andhra Pradesh, Consumer Affairs, Food Civil Supplies Secretariat Building, Velagapudi, Amaravati, Guntur District. (By Spl. Messenger) 2. The District Collector, (Civil Supplies) Chittoor District, Chittoor. (By RPAD) 3. The Tahsildar, G.D. Nellore Mandal Chittoor District. (By RPAD) 4. The Enforcement Deputy Tahsildar, G.D. Nellore Mandal, Chittoor District. (By RPAD) 5. One CC to Sri A. Syam Sundar Reddy, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 7. Two CD Copies f Cnr HIGH COURT DATED:23/07/2025 ORDER WP NO. 18681 OF 2025 \ ^ 0 ^ SEP 2025 ent Section^ ^ S' DISPOSING OF THE W.P. WITHOUT COSTS