7APHC010370682025 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: 18955/2025 Between: 1. KORRA VIJAYADU, S/O CHALAPATHI AGE 34 YEARS, OCC F.P. SHOP DEALER FOR SHOP NO.0833002, HANUMAYAPALLI VILLAGE BESTAVARIPETA MANDAL, PRAKASAM DIST. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE JOINT COLLECTOR CS, PRAKASAM DIST., AT ONGOLE. 3. THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER, MARKAPUR DIVISION, PRAKASAM DIST. 4. THE TAHSILDAR, BESTAVARIPETA MANDAL, PRAKASAM DIST. ...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 or direction preferably writ of mandamus declaring the action of the respondents 3 and 4 in not releasing the Essential Commodities to the petitioner in respect of FP Shop No.0833002, Hanumayapalli Village, Bestavaripeta Mandal, Prakasam Dist., without any order of suspension or cancellation and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order,2018 apart from violation of the principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual. 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 to direct the respondents 3 & 4 to release Essential 2 Commodities to the petitioner’s FP shop i.e., No.0833002, Hanumayapalli Village, Bestavaripeta Mandal, Prakasam Dist., forthwith, pending disposal of the writ petition. Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO. 18955 of 2025 ORDER: The petitioner is fair price shop dealer of shop No.0833002 of Hanumayapalli Village, Besthavaripeta Mandal, Prakasam District. It is further case of the petitioner that he has been distributing the essential commodities to the cardholders without any complaint and to the utmost satisfaction of the respondent authorities. The authorization of the petitioner is valid upto 31.03.2027. 2. It is further case of the petitioner that the respondent authorities have supplied the essential commodities to the petitioner so as to distribute the same to the cardholders for the month of June, 2025. It is further stated that while so, on 02.07.2025, the Food Inspector, Giddalur along with Enforcement Deputy Tahsildar and Revenue Inspector, Besthavanipeta Mandal, inspected the shop of the petitioner and found certain variations in stock. It is further case of the petitioner that he informed the inspecting officials that in view of the new policy introduced by the Government, he has taken the thumb impression of the cardholders, who are aged over and above 65 years but the stocks were not taken by them in view of the fact that there was heavy rain on the said date. Despite informing the same to the inspecting officials, they have forcibly obtained the signature of the petitioner on white paper without preparing any panchanama in his presence. It is further case of the petitioner that he submitted representation dated 4 14.07.2025 to the 3rd respondent duly bringing it to his notice as to why the stocks could not be delivered to the card holders. Despite the same, a report has been prepared and the same was submitted for initiation of action under Section 6-A of Essential Commodities Act, 1955 against the petitioner. It is further case of the petitioner that without issuing any notice and without passing any order of suspension or cancellation, the respondents stopped supplying the essential commodities to the petitioner. Questioning the said action, the present writ petition is filed. 3. On the other hand, learned Assistant Government Pleader for Civil Supplies would submit that Food Inspector, Giddalur submitted report dated 03.07.2025 to the 3rd respondent recommending to initiate disciplinary action against the petitioner. In pursuance of the said report, the 3rd respondent issued show cause notice dated 23.07.2025 to the petitioner calling for objections as to why his authorization shall not be cancelled by directing the petitioner to submit explanation within a period of seven days. A copy of the show cause notice is placed before this Court. 4. Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies. 5. Learned counsel for the petitioner strenuously contended that though no action was initiated against the petitioner either passing order of suspension or cancellation of authorization, the 3rd respondent 5 by pre-judging the entire issue, directed one Sri D.Tirupathaiah, village revenue assistant attached to the office of the Tahsildar, Besthavanipeta Mandal, to distribute the essential commodities in respect of the fair price shop of the petitioner. In support of his contention, copy of the proceedings, dated 16.07.2025 downloaded from the Aadhaar enabled Public Distribution System-AePDS is filed in support of his contention. On perusal of the same, it is clear that the 3rd respondent has already taken a decision in the matter to see that the authorization of the petitioner is suspended. It is needless to mention that the show cause notice was issued on 23.07.2025 whereas the village revenue assistant was directed to take charge of the petitioner’s fair price shop by proceedings, dated 16.07.2025. From the above, it is apparent that the issuance of show cause notice is nothing but a formality inasmuch as decision is already taken to suspend his authorization and the village revenue assistant is appointed in the place of the petitioner so as to distribute the essential commodities forthwith for July, 2025. 6. Further, though the learned Assistant Government Pleader for Civil Supplies would submit that no action is initiated against the petitioner except issuing the show cause notice, the said contention of the learned counsel for the respondents cannot be countenanced for the reasons recorded supra. 6 7. Having seen from the record, it is apparent that without initiating any action against the petitioner, the appointing authority especially without suspending or cancelling the authorization of the petitioner, alternative arrangement is already made by pre-judging the entire issue. 8. For the foregoing reasons, the action of the 3rd respondent in handing over the charge to the village revenue assistant to distribute essential commodities in the place of the petitioner is hereby set aside and he is further directed to make necessary changes in the online portal by incorporating the name of the petitioner in respect of fair price shop in dispute. It is further directed that till appropriate action is taken against the petitioner, the respondents are bound to supply essential commodities to the petitioner forthwith. 9. It has to the notice of this Court that, invariably in all the matters the appointing authority is not supplying essential commodities to the dealers without initiating any action. Therefore, this Court feels that it is appropriate to direct the 1st respondent to issue suitable instructions to the appointing authorities across the State to scrupulously follow the procedure contemplated under A.P. State Targeted Public Distribution System (Control) Order, 2018. It is further clarified that any deviation in following the procedure contemplated under the said Control Orders will be viewed seriously. 7 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date : 25.07.2025 SPP 8 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR Writ Petition No:18955 of 2025 Date : 25.07.2025 SPP