APHC010395902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB / MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19947 OF 2025 Between: Varasidhi Vinayaka Mahila Sakthi Sangham. Rep.by its Secretary, Smt M.Devi Brahmaramba W/o late Adhi Reddy, Age 37 years, Occ; F.P. Shop dealer for Shop No.0434015 Mandal, East Godavari Dist. Tossipudi Village, Biccavolu ...Petitioner AND State of Andhra Pradesh, rep.by its Principle Secretary Civil Supplies Department, Secretariat, Velagapudi, Guntur Dist. The Collector CS, Rajamahendravaram Town, East Godavari Dist. The Revenue Divisional Officer, Rajamahendravaram Town, East Godavari Dist The Tahsildar, Biccavolu Mandal, East Godavari Dist. The Assistant Grain Purchasing Officer, Rajamahendravaram Rural and Mandal Supply Officer, Biccavolu, East Godavari Dist. 1. 2. 3. 4. 5. ...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 or direction preferably writ of mandamus declaring the action of the respondents 3 and 4 in not supplying the Essential Commodities to the petitioner's shop for distribution to the card holders in respect of Shop No.0434015, Tossipudi Village, Biccavolu Mandal, East Godavari Dist., without there being any order of suspension or cancellation is illegal, arbitrary and violation of the provisions of AP State Targeted Public Distribution System (Control) Order,2018 and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual. lA 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 Direct the respondents 3 & 4 to release the Essential Commodities to the petitioner’s FP shop i.e., No.0434015, Tossipudi Village, Biccavolu Mandal, East Godavari Dist., by permitting to run the shop as usual, pending disposal of the writ petition. Counsel for the Petitioner; SRI M M M SRINIVASA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010395902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) SMS [3505] MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 19947/2025 Between: 1.VARASIDH1 VINAYAKA MAHILA SAKTHI SANGHAM, REP.BY ITS SECRETARY, SMT.M.DEVI BRAHMARAMBA W/0 LATE ADHI REDDY AGE 37 YEARS, OCC F.P. SHOP DEALER FOR SHOP TOSSIPUDI VILLAGE, BICCAVOLU MANDAL, EAST N0.0434015, GODAVARI DIST. ...PETITIONER AND REP.BY ITS PRINCIPLE SECRETARY CIVIL 1.THE STATE OF AP, _ SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. RAJAMAHENDRAVARAM TOWN, EAST 2.THE COLLECTOR OS GODAVARI DIST. DIVISIONAL OFFICER, RAJAMAHENDRAVARAM 3.THE REVENUE TOWN, EAST GODAVARI DIST 4.THETAHSILDAR, BICCAVOLU MANDAL, EAST GODAVARI DIST. OFFICER, PURCHASING GRAIN ,. .L ASSISTANT RAJAMAHENDRAVARAM RURAL AND MANDAL SUPPLY OFFICER BICCAVOLU, EAST GODAVARI DIST. 5.THE ...RESPONDENT(S); Article 226 of the Constitution of India praying that in the the affidavit filed therewith, the High Court may be Petition under circumstances stated in 2 pleased to issue a writ or direction preferably writ of mandamus declaring the action of the respondents 3 and 4 in not supplying the Essential Commodities to the petitioner's shop for distribution to the card holders in respect of Shop No.0434015, Tossipudi Village, Biccavolu Mandal, East Godavari Dist., without there being any order of suspension or cancellation is illegal, arbitrary and violation of the provisions of AP State Targeted Public Distribution System (Control) Order,2018 and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual and pass Counsel for the Petitioner: 1.M M M SRINIVASA RAO Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.19947 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- pleased to issue a writ or direction preferably writ of mandamus declaring the action of the respondent Nos. 3 and 4 in not supplying the Essential Commodities to the petitioner's shop for distribution to the card holders in respect of Shop No.0434015, Tossipudi Village, Biccavolu Mandal, East Godavari Dist., without there being any order of suspension or cancellation is illegal, arbitrary and violation of the provisions of AP State Targeted Public Distribution System (Control) Order, 2018 and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual and pass....” 2. The brief facts of the case are that vide proceedings in Roc.D/1395/2022 dated 08.09.2022, the 3™ respondent has appointed the petitioner as fair price shop dealer of shop No.0434015, Tossipudi village, Biccavolu mandal. East Godavari district, on temporary basis and accordingly, the petitioner has been running the same for the past three (3) years. While so, on 10.06.2025, at about respondent along with ASO, Rajamahendravaram town inspected the shop and found few irregularities. As such, the 5‘^ respondent submitted his report to the 4‘^ respondent, basing on which, the 2"'^ respondent has initiated proceedings under 6A of Essential Commodities Act, 1955, on th 12.30 p.m., the 5 17.07.2025. The grievance of the petitioner is that, without there being any order of suspension or cancellation of his dealership, the respondent authorities are not 4 releasing the essential commodities to his shop. Hence, the present writ petition is filed. 3. Heard Sri. M.M.M. Srinivasa Rao, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies for the respondents. Learned counsel for the petitioner while reiterating the contentions, placed reliance on the decision of Full Bench reported in Oleti Tirupathamma v. District Supply Officer (City) Visakhapatnam and others^ in support of his 4. contention. On the strength of the principle laid down in the above judgment, learned counsel for petitioner requested this Court to direct the respondents to allow the petitioner to run his fair price shop and to supply essential commodities to the cardholders. 5. On the other hand, learned Assistant Government Pleader for Civil Supplies supported the action of the respondents in all aspects, but, no order terminating the dealership or suspending or cancelling the authorization is placed on record to deny supply of essential commodities. 6. Earlier, a similar question came up before the Full Bench of High Court of Andhra Pradesh in Oleti Tirupathamma’s case (1 supra) wherein the Court held as follows - “Such action disabling fair price shop dealer to run the shop without any order of suspension or cancellation is illegal and arbitrary and issued such directions”. 7. In view of the law declared by Full Bench of High Court of Andhra Pradesh in the aforesaid judgment, this Court is of the opinion that the action of the ‘2002 (1) ALD 577 5 respondents is illegal and arbitrary. Therefore, the respondents are directed to pply essential commodities to the petitioner by allowing him to distribute the to the card holders, allotted to his fair price shop, till his dealership terminated or till passing an order under Clause 8(4) of the Control Order, 2018. Accordingly, the Writ Petition is disposed of. There shall be no order as to su IS same 8. costs. sequel, miscellaneous applications, pending, if any, shall also stand As a closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SE N OFFICER To, Civil Supplies Department, State of AP 1. The Principle Secretary Secretariat, Velagapudi, Guntur Dist. Town, East Godavari Dist. Town, East 2. The Collector CS, Rajamahendravaram Divisional Officer, Rajamahendravaram 3. The Revenue Godavari Dist 4. The Tahsildar, Biccavolu Mandal, East Godavari Dist. Assistant Grain Purchasing Officer, Rajamahendravarar^ Mandal Supply Officer, Biccavolu, East Godavari Dist. 6. One CC to Sri. M M M Srinivasa Rao Advocate [OPUC] for Civil Supplies High Court of Andhra Pradesh [OUT] y Rural 5. The and 7. Two CCs to GP 8. Two CD Copies GSC HIGH COURT DATED:04/08/2025 ORDER WP NO. 19947 OF 2025 S 0 5 Ali6 2025 Current Section . DISPOSING THE WP WITHOUT COSTS