APHC010007222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY-FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 421/2025 Between: J Dhanunjaya ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) 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: ORDER: This Writ Petition under Article 226 of Constitution of India is filed for the following relief: …to issue a writ or direction preferably writ of mandamus declaring the seizer panchanama conducted by the 5th respondent on 11.12.2024 even though there are no variations except Ragi Flour of 16 kgs and the action of the respondents No.3 and 4 in not allowing the petitioner to run FP Shop i.e., Shop No 1338029, R.Krishnapuram Village, Allagadda Mandal, Nandyal District., “without there being any order of suspension or cancellation” and without following due 2 BSB, J W.P.No.421 of 2025 procedure under The Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary, contrary to the Judgment passed by the Full Bench in 2002 (1) ALD 577 and violative of principles of natural justice and consequently set aside the panchanama dt:11.12.2024 and further direct the respondents to continue the petitioner as FP Shop dealer as usual… 2. The case of the petitioner is briefly as follows: The petitioner was appointed as a permanent dealer of fair price shop No. 1338029, R.Krishnapuram Village, Allagadda Mandal, Nandyal District in the year 1986. The authorization of the petitioner is valid up to 31.03.2025. 3. The learned counsel for the petitioner submitted that only because of the alleged shortage of 16 Kgs Ragi flour, the respondent authorities are not supplying the commodities to the petitioner without any order of suspension or cancellation of the authorization of the petitioner. 4. The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions, and stated that apart from the shortage of the commodity Ragi flour, there is change of address in the shop from the authorized premises without any permission and therefore, there is violation of the conditions of the A.P.S.T.P.D.S (Control) Order, 2018. However, he submitted that there is no order of cancellation or suspension of the authorization, and that necessary action would be taken in due course. 5. The table of the contents of the stock is as follows: SI. No Commodities Details Opening Stock Receive d Stock Total Sales Stock in the ePoS Physical Balance Deviation 1 PDS rice 235 9500 9735 9510 225 225 Nil 2. Sugar - 600 P 600 P 592 8 8 Nil 3. Redgram (Kandi) 57 350 407 407 - - Nil 4. Ragi Pindi 16 - 16 - 16 * 16 Kg 3 BSB, J W.P.No.421 of 2025 6. As can be seen from the copy of panchanama which is annexed to the petition, except variation of small quantity of Ragi flour which needs to be duly explained by the dealer, there is no major violation in so far as the commodities are concerned. The change of address is a matter to be enquired. However, so long as the authorization of the petitioner is in force, commodities shall be supplied, subject to the compliance of the other conditions. 7. Accordingly, the writ petition is disposed of. There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Dated 10.01.2025 K M S 4 BSB, J W.P.No.421 of 2025 180 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 421 of 2025 Date: 10.01.2025 KMS