APHC010396072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 20022/2025 Between: 1. POTHURAJU YEDUKONDALU, S/O. VENKATESWARLU, AGED ABOUT 42 YEARS, F.P SHOP NO.0812008, R/O. JUVVALERU VILLAGE PODILI MANDAL, PRAKASAM DISTRICT - 523240. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE TULLUR MANDAL, GUNTUR DISTRICT. 2. THE COLLECTOR, (CIVIL SUPPLIES) PRAKASAM DISTRICT, ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, KANIGIRI, PRAKASAM DISTRICT. 4. THE ENFORCEMENT DEPUTY TAHSILDAR, PODILI MANDAL, PRAKASAM DISTRICT. ...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 topleased to issue a Writ or Order more 2 TCDS,J W.P.No.20022 of 2025 particularly one in the nature of Writ of Mandamus declaring the order passed in Rc.E/710/2025, dated 25.06.2025, by the Respondent No.3, in Suspending the authorization in respect of F.P. Shop No.0812008 of Juvvaleru Village, Podili Mandal, Prakasam District, belong to the petitioner, as illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and consequently set aside the order passed in Rc.E/710/2025, dated 25.06.2025, by the Respondent No.3, in Suspending the authorization in respect of F.P.Shop No. 0812008 of Juvvaleru Village, Podili Mandal, Prakasam District, belong to the petitioner, 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 suspend the proceedings No.Rc.E/710/2025, dated 25.06.2025, in respect of F.P. Shop No.0812008 of Juvvaleru Village, Podili Mandal, Prakasam District issued by the Respondent No.3, by directing the Respondents to supply the commodities to the petitioner in repsect od the F.P.Shop No. 0812008 of Juvvaleru Village, Podili Mandal, Prakasam District, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. MADHAVA RAO NALLURI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 TCDS,J W.P.No.20022 of 2025 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 20022 of 2025 ORDER: The petitioner is fair price shop dealer for shop No.0812008 of Juvvaleru village, Podili Mandal, Prakasam District. He claims that he has been distributing the essential commodities to the card holders without there being any complaints. It is further stated that while so, on a complaint received against the petitioner, the 3rd respondent inspected his fair price shop on 14.06.2025 and found excess stock. After the inspection, a report was drawn on the same day and the same was forwarded to the 3rd respondent for initiating disciplinary action against the petitioner. Pursuant to the said report, the 3rd respondent by impugned order dated 25.06.2025 suspended the authorization of the petitioner on the ground that there is excess stock available in the fair price shop belonging to him. Questioning the said order, the present writ petition is filed. 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. Perused the material available on record. 3. It is the specific case of the petitioner that some of the card holders, while going to coolie works, put their thumb impressions in e-Pos machine by informing the petitioner that they would take the 4 TCDS,J W.P.No.20022 of 2025 commodities in the evening. It is the further case of the petitioner that his family members also affixed their thumb impressions in the e-Pos machine, but they could not lift the commodities and the same are lying in the fair price shop of the petitioner, while so, inspection was carried out by the Deputy Tahsildar on 14.06.2025 and thereby found the excess stock. 4. On the other hand, the learned Assistant Government Pleader would strenuously contend that the averments made in the affidavit filed in support of the writ petition cannot be believed as the inspecting officials verified the physical stock available in the fair price shop in the presence of mediators and the petitioner with reference to closing stock report obtained from online and found the variations as alleged in the impugned order. He would further submit that as per clause 12(e) of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018, the fair price shop dealers shall not retain the scheduled commodities after taking authentication of the beneficiaries through electronic point of sale. He would further submit that on a reading of the said clause, it is clear that the petitioner did not adhere to the said condition and thereby violated the said provision and in view of the same, the impugned order was passed. 5 TCDS,J W.P.No.20022 of 2025 5. Though it is contended by the learned counsel for the petitioner that some of the card holders have affixed their thumb impressions in the e-Pos machine without taking the stock, the said statement of the petitioner cannot be believed inasmuch as the impugned order specifically reads that there are certain variations with regard to the stock maintained by the petitioner as per the information obtained from online. In view of the specific finding given by the 3rd respondent in the impugned order, this Court is not inclined to entertain the present writ petition. Further, nothing is placed on record to substantiate his contention. In the absence of any material on record, the contention of the petitioner cannot be believed as the same involves disputed question of fact, which cannot be gone into in the present writ petition. 6. Accordingly, the writ petition is dismissed. Taking into consideration of the facts and circumstances of the case, the 3rd respondent is directed to complete the enquiry and pass final orders within a period of one month from the date of receipt of copy of this order. There shall be no order as to costs. 6 TCDS,J W.P.No.20022 of 2025 As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date: 01.08.2025 sj 7 TCDS,J W.P.No.20022 of 2025 96 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 20022 of 2025 Date: 01.08.2025 sj