1% APHC010414332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ?i WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 21540 OF 2025 Between: Kami Reddy MadhavC\Reddy, S/o. K. Ramachandra Reddy, Aged about 41 years, Occ: Fair Price Shop Dealer, R/o. H.No. 26-202A, Moolasagaram Nandyal Town, Kurnool District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Consumer Affairs and Civil Supplies Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Nandhyal Division, Nandhyal District. 3. The Tahsildar, Nandhyal Mandal, Nandhyal District. ...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 of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondents 2"'* and 3"'^ in not supplying the essential commodities by continuing the petitioner as a fair price shop dealer in no. 1384114 situated at Moolasagara, Village, Nandhyal Town and Mandal, Nandhyal District without there being any suspension or cancellation of appointment is illegal, arbitrary and violation of principles of natural justice respondents to supply the essential nd rd consequently direct the 2 and 3 4 commodities to the petitioner by continue the petitioner as a fair price shop dealer in no. 1384114 situated at Moolasagara, Village, Nandhyal Town, Nandhyal District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased direct the 2"'^ & 3'"'^ respondents to supply the essential commodities to the petitioner by continue the petitioner as a fair price shop dealer in no. 1384114 situated at Moolasagara, Village, Nandhyal Town& Mandal, Nandhyal District pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K. SRINIVAS Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010414332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21540/2025 Between: 1.KAMI REDDY MADHAVI REDDY, S/0 K. RAMACHANDRA REDDY, AGED ABOUT 41 YEARS, OCC. FAIR PRICE SHOP DEALER, R/0 H.NO. 26-202A, MOOLASAGARAM NANDYAL TOWN, KURNOOL DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL CONSUMER AFFAIRS AND CIVIL SUPPLIES SECRETARIAT BUILDINGS, VELAGAPUDI, SECRETARY, DEPARTMENT AMARAVATHI, GUNTUR DISTRICT. 2.THE REVENUE DIVISIONAL OFFICER, NANDHYAL DIVISION, NANDHYAL DISTRICT. 3.THE TAHSILDAR, NANDHYAL MANDAL, NANDHYAL 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 of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondents 2nd and 3rd in not supplying the essential commodities by continuing the petitioner as a fair price shop dealer in no. 1384114 situated at Moolasagara, Village, Nandhyal Town and Mandal, Nandhyal District without there being any suspension or cancellation of appointment is illegal, arbitrary and violation of principles of natural justice consequently direct the 2nd and 3rd respondents to supply the essential commodities to the petitioner by continue the petitioner as a fair price shop dealer in no. 1384114 situated at Moolasagara, Village, Nandhyal Town, Nandhyal District and pass 2 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 pleased direct the 2nd & 3rd respondents to supply the essential commodities to the petitioner by continue the petitioner as a fair price shop dealer in no. 1384114 situated at Moolasagara, Village, Nandhyal Town& Mandal, Nandhyal District pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1.KSRINIVAS Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.21540 of 2025 ORDER: The present Writ Petition is 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 2 & 3 in not supplying the essential commodities by continuing the petitioner as a fair price shop dealer inno.1384114 situated at Moolasagara Village, Nandhyal Town & Mandal, Nandhyal District without there being any suspension or cancellation of appointment is illegal, arbitrary and violation of principles of natural justice. Consequently direct the 2''^ & 3'^ respondents to supply essential commodities to the petitioner to continue the petitioner as a fair shop dealer in no. 1384114 situated at Moolasagara Village, Nandhyal District and to pass such other order or orders ....” 2. The brief facts of the case are that the petitioner is a fair price shop dealer of shop No.1384114, Moolasagara Village, Nandhyal Town & Mandal, Nandhyal District. The petitioner has been running the same by distributing essential commodities to the card holders attached to the said shop without any complaints. 3. While so, on 27.12.2024, at about 11:30 A.M., the Tahsildar i.e., the 3'"'^ respondent herein along with panchayatdars and other officials have inspected the shop and found variation in the stock. The officials also noticed that the petitioner has not displayed the stock and price details board and that the shop was being maintained by unauthorized persons in the absence of the petitioner. Pursuant to the inspection, the officials seized 255 Kgs of PDS rice, the E.PoS machine and an electronic scale 4 -^5 from the petitioner’s shop and handed over the said items to the Ward Revenue Secretary, Moolasagaram for safe custody, until further orders from higher officials. A 6-A case was registered against the petitioner. 4. The grievance of the petitioner is that, without there being any order of suspension or cancellation of his dealership, the respondent authorities are not releasing the essential commodities to his shop. Hence, the present writ petition is filed. 5. Heard Sri. K. Srinivas, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies for the respondents. 6. 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 other^ in support of his 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 card holders. 7. On the other hand, learned Assistant Government Pleader for Civil Supplies supported the action of the respondents in all aspects, but, no order either suspending or cancelling the authorization is placed on record to deny supply of essential commodities. 2002 (1) ALD 577 5 8. Earlier, a similar question came up before the Full Bench of High in Oleti Tiruplathamma’s case (1 supra) Court of Andhra Pradesh 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”. In view of the law laid down by Full Bench of High Court of Andhra Pradesh in the aforesaid judgment, this Court is of the opinion that the action of the respondents is illegal and arbitrary. Therefore, the respondents are directed to supply essential commodities to the petitioner by allowing him to distribute the same to the card holders, allotted to his fair price shop, till his dealership is terminated or till passing an order under Clause 8(4) of the Control Order, 2018. 9. 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- N. NAGASVSSyiA ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To, 1. The Principal Secretary, Consumer Affairs and Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Nandhyal Division, Nandhyal District. 3. The Tahsildar, Nandhyal Mandal, Nandhyal District. 4. One CC to Sri K. Srinivas, Advocate [OPUC] 5. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 6. Two CD Copies Cnr \ 1 HIGH COURT DATED:20/08/2025 ORDER WP NO. 21540 OF 2025 a 0 8 SEP 2025 CJ Co ^'sGumnt S«ctiot-^'5^ DISPOSING OF THE W.P. WITHOUT COSTS