APHC010384522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19521/2025 Between: 1. CHINNAPANTI LALITHAMMA, W/O. NAGABUSHANAM AGED ABOUT 61 YEARS, R/O. JONNAVADA VILLAGE, BUCHIREDDYPALEM MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CIVIL SUPPLIES, SECRETARIAT BUILDINGS, VELAGAPUDI, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 2. THE JOINT COLLECTOR CIVIL SUPPLIES, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 4. THE DEPUTY TAHSILDAR, BUCHIREDDYPALEM MANDAL, SPSR NELLORE DISTRICT. 5. THE VILLAGE REVENUE OFFICER VRO, JONNAVADA VILLAGE, SPSR NELLORE DISTRICT. 6. THE VILLAGE REVENUE ASSISTANT, JONNAVADA VILLAGE, SPSR NELLORE DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.No.19521 of 2025 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 topleased to issue a writ of mandamus or any other appropriate writ, order or direction, declaring the action of the Respondents in seizing the Ration stock in Fair Price Shop of the petitioner bearing FPS No. 0918026 and placing the said Fair Price shop under the control of the 6th respondent without following due process of law, as illegal, arbitrary and in violation of Article 14 and 21 of the Constitution of India and in violation of provisions laid down in the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018, and to consequently direct the respondents to restore the Fair Price Shop No. 0918026 and e- PoS access to the petitioner and allow her to discharge her duties as temporary dealer 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 pleased to stay the transfer of Fair Price Shop operations to the 6th respondent or to any other 3rd party individual, and pass IA NO: 2 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 pleased to direct the respondents restore the ownership of the Fair Price Shop bearing FPS No. 0918026 and pass Counsel for the Petitioner: 1. GUDISEVA VENKATA SAI KIRAN Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.19521 of 2025 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.19521 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a writ of mandamus or any other appropriate writ, order or direction, declaring the action of the Respondents in seizing the Ration stock in Fair Price Shop of the petitioner bearing FPS No.0918026 and placing the said Fair Price shop under the control of the 6th respondent without following due process of law as illegal, arbitrary and in violation of Article 14 and 21 of the Constitution of India and in violation of provisions laid down in the Andhra Pradesh Targeted Public Distribution System Control Order, 2018, and to consequently direct the respondents to restore the Fair Price Shop No.0918026 and e-PoS access to the petitioner and allow her to discharge her duties as temporary dealer and pass such other order or orders…” 2. The petitioner was appointed as a temporary dealer of Fair Price Shop No.0918026 at Jonnavada Village by the 3rd respondent vide RCH: 603/2021, dated 08.04.2021. 3. While the matter being so, on 30.06.2025, respondent Nos.4 to 6 herein forcibly seized the stock available in the petitioner’s shop and transferred the same to the Village Revenue Officer i.e., the 6th respondent herein and accordingly, a memo dated 01.07.2025 was issued by the Deputy Tahsildar stating that the stock was being transferred to the Village Revenue Officer on the ground that the petitioner’s husband was unwell. Challenging which, the present writ petition is filed on the ground that without even issuing any show cause 4 VS,J W.P.No.19521 of 2025 notice calling for an explanation, the respondents have seized the stock available in the petitioner’s shop and placed under the control of the 6th respondent herein. 4. When the writ petition came up for admission on 31.07.2025, this Court passed the following interim order:- “…In view of the same, there shall be an interim direction to the 3rd respondent to supply essential commodities to the petitioner’s fair price shop.” 5. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Civil Supplies representing the respondents. 6. Learned Assistant Government Pleader for Civil Supplies has furnished a copy of the written instructions of the 3rd respondent, wherein it is stated that, in pursuance of the orders passed by this Court on 31.07.2025, the 3rd respondent has reinstated the petitioner as a fair price shop dealer and since then the respondents have been supplying the essential commodities to the petitioner’s fair price shop. It is also stated that the Tahsildar has addressed a letter to the District Collector vide Rc.B.15/2025, dated 21.08.2025, requesting him to update the details of the petitioner’s fair price shop and to provide biometric authentication for distribution of the essential commodities to the cardholders through the e-PoS machine. 7. The said instructions would prove that in pursuance of the orders of this Court on 31.07.2025, the petitioner has been running a fair price shop. But however, with regard to the seizure of the stock available with the petitioner’s shop vide memo dated 01.07.2025, it is admittedly without issuing any notice to the petitioner and calling for an explanation but it is on the ground that the petitioner’s husband was unwell. Under these circumstances, the impugned 5 VS,J W.P.No.19521 of 2025 memo dated 01.07.2025 is admittedly in violation of principles of natural justice and is liable to be set aside. 8. Accordingly, the Writ Petition is allowed by setting aside the impugned memo dated 01.07.2025, leaving it open to the respondents to initiate action against the petitioner by following due process of law, if at all they find any irregularities. No order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :03.09.2025 JLV