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2025 DAILYLAW 29511 (AP)

CHAKALI RAMUDU v. THE STATE OF AP

WP/21971/2025 · 2025-08-21

V Sujatha

body2025

Judgment text

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APHC010422152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 21971 OF 2025 Between: Chakali Ramudu, S/o. Lakshmanna, Aged 40 Years, Occ: Permanent FP Shop Dealer, Shop No.1206057, R/o. Gooty Town, Gooty Mandal, Ananthapur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by the Principal Secretary, Department of Civil Supplies, Secretariat, Velagapudi, Guntur District. 2. The Joint Coltector/Additional District Magistrate, Anantapur, Anantapur District. 3. The Revenue Divisional Officer, Guntakal, Anantapur District. 4. The Tahsildhar, Gooty Mandal, Anantapur 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 or Writs, order or Direction declaring the action on the part of Respondents 2 to 4 in not supplying the Commodities to Petitioner for distributing same to Card Holders of Shop No. 1206057, during subsistence of his Permanent Fair Price Authorization for Shop No. 1206057, Gooty Village, Gooty Mandal, Anantapur District as illegal arbitrary, against principles of natural justice and consequently direct the Respondents 2 to 4 to supply the Commodities to Petitioner for distributing same to Card Holders of Shop No. 1206057, during subsistence of his Permanent Fair Price Authorization for Shop No. 1206057, Gooty Village, Gooty Mandal, Anantapur 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 to direct the Respondent No.4 to supply the Commodities to Petitioner for distributing same to Card Holders of Shop No. 1206057, during subsistence of his Permanent Fair Price Authorization for Shop No. 1206057, Gooty Village, Gooty Mandal, Anantapur District. Counsel for the Petitioner: SRI Y. SUBBA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: V) I ( APHC010422152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21971/2025 Between: 1.CHAKALI RAMUDU, REP BY THE PRINCIPAL SECRETARY, DEPARTMENT OF CIVIL SUPPLIES, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT ...PETITIONER AND 1.THE STATE OF AP, AS 2.THE JOINT. COLLECTOR/ADDITIONAL DISTRICT MAGISTRATE ANANTAPUR, ANANTAPUR DISTRICT 3.THE REVENUE DIVISIONAL OFFICER, GUNTAKAL, ANANTAPUR DISTRICT 4.THE TAHSILDHAR, GOOTY MANDAL, ANANTAPUR 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 or Writs, order or Direction declaring the action on the part of Respondents 2 to 4 in not supplying the Commodities to Petitioner for distributing same to Card Holders of Shop No. 1206057, during subsistence of his Permanent Fair Price Authorization for Shop No. 1206057, Gooty Village, Gooty Mandal, Anantapur District as illegal arbitrary, against principles of natural justice and consequently direct the Respondents 2 to 4 to supply the Commodities to Petitioner for distributing same to Card Holders of 2 Shop No. 1206057, during subsistence of his Permanent Fair Price Authorization for Shop No. 1206057, Gooty Village, Gooty Mandal, Anantapur District and pass 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 to direct the Respondent No.4 to supply the Commodities to Petitioner for distributing same to Card Holders of Shop No. 1206057, during subsistence of his Permanent Fair Price Authorization for Shop No. 1206057, Gooty Village, Gooty Mandal, Anantapur District and pass Counsel for the Petitioner: 1.Y SUBBA RAO Counsel for the Respondent(S): 1. The Court made the following: 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.21971 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 or Writs, order or Direction declaring the action on the part of Respondents 2 to 4 in not supplying the Commodities to Petitioner for distributing same to Card Holders of Shop No. 1206057 during subsistence of his Permanent Fair Price Authorization for Shop No. 1206057 Gooty Village, Gooty Mandal, Anantapur District, as illegal, arbitrary against principles of natural justice and consequently direct the Respondents 2 to 4 to supply the Commodities to Petitioner for distributing same to Card Holders of Shop No. 1206057 during subsistence of his Permanent Fair Price Authorization for Shop No. 1206057 Gooty Village, Gooty Mandal, Anantapur District and to pass such other order or orders ....” 2. The brief facts of the case are that the petitioner was appointed as a fair price shop dealer of shop No.1206057, Gooty Village, Gooty Mandal, Anantapur District. The petitioner has been running the same by distributing essential commodities to the card holders attached to the petitioner’s fair price shop without any complaints. While so, on 04.07.2025, at about 10.00 a.m., the Regional Vigilance & Enforcement Authorities along with local Mandal Revenue Officers, Ananthapuramu inspected the petitioner’s fair price shop and found the variation in the stock. As such, the 4**^ respondent submitted his report to the 3 respondent, basing on which, the 3'^'^ respondent has issued show cause rd notice dated 24.07.2025 directing the petitioner herein to submit r 4 explanation within 7 days from the date of receipt of the said notice, as to why disciplinary action should not be initiated against him. 3. The grievance of the petitioner is that, without conducting any enquiry or passing 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. 4. Heard Sri Y.Subba Rao, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies for the respondents. 5. 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. 6. 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. ^2002 (1) ALD 577 5 7. 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”. 8. 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. 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/- K TATA RAO DEPUTY SE(^ON OFFICER 1. The Principal Secretary, Department of Civil Supplies, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. ^ DisIricT^^ Collector/Additional District Magistrate, Anantapur, Anantapur 3. The Revenue Divisional Officer, Guntakal, Anantapur District. 4. The Tahsildhar, Gooty Mandal, Anantapur District. 5. One CC to Sri Y. Subba Rao, Advocate [OPUC] Supplies, High Court 7. Two CD Copies //TRUE COPY// PISTRAR To, of Andhra Pradesh. Cnr HIGH COURT DATED:22/08/2025 £ 16 SFP m ^ Current Seciiotr . ORDER WP NO. 21971 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS