APHC010422202025 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: 21997 OF 2025 Between: K. Jayachandra Reddy, S/o. K. Munuswamy Reddy, Aged about 54 years. Fair Price Shop Dealer No. 1051022, R/o. 9-5,B, Ramapuram Village, Puthalapattu Mandal, Chittoor District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati. 2. The Revenue Divisional Officer, Chittoor Division, Chittoor District, Andhra Pradesh. 3. The Tahsildar, Puthalapattu Mandal, Chittoor District, Andhra Pradesh. ...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 respondent no. 2 and 3 in not supplying the essential commodities to the petitioner fair price shop no. 1051022, operating at Ramapuram Village, Puthalapattu Mandal, Chittoor District. Without there being any suspension or cancellation of the petitioners is illegal, arbitrary and violation of Articles 14, 19 and 21 of constitution of India supply essential consequently direct the respondents no. 2 and 3 to commodities to the petitioner for fair price shop no. 1051022, operating at Ramapuram Village, Puthalapattu Mandal, Chittoor 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 respondents no. 2 and 3 to supply essential commodities to the petitioner for fair price shop no. 1051022, operating at Ramapuram Village, Puthalapattu Mandal, Chittoor District. By enabling him to supply to the card holders 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: I APHC010422202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] Wd FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21997/2025 Between: 1.K JAYACHANDRA REDDY. S/0. K. MUNUSWAMY REDDY, AGED ABOUT 54 YEARS. FAIR PRICE SHOP DEALER NO. 1051022, R/0. 9-5,B. RAMAPURAM VILLAGE, PUTHALAPATTU MANDAL, CHITTOOR DISTRICT. ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, AMARAVATI. SECRETARIAT BUILDINGS, VELAGAPUDI 2.THE REVENUE DIVISIONAL OFFICER, , CHITTOOR DISTRICT, ANDHRA PRADESH. 3.THE TAHSILDAR, PUTHALAPATTU MANDAL, CHITTOOR DISTRICT. ANDHRA PRADESH. CHITTOOR DIVISION ...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 respondent no. 2 and 3 in not supplying the essential commodities to the petitioner fair price shop no. 1051022, operating at Ramapuram Village, Puthalapattu Mandal, Chittoor District. Without there being any suspension or cancellation of the petitioners 2 is illegal, arbitrary and violation of Articles 14, 19 and 21 of constitution of India consequently direct the respondents no. 2 and 3 to supply essential commodities to the petitioner for fair price shop no. 1051022, operating at Ramapuram Village. Puthalapattu Mandal, Chittoor District. And 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 respondents no. 2 and 3 to supply essential commodities to the petitioner for fair price shop no. 1051022, operating at Ramapuram Village, Puthalapattu Mandal, Chittoor District. By enabling him to supply to the card holders 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: pass 3 !" HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.21997 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 direction declaring the action of the respondent nos. 2 & 3 in not supplying the essential commodities to the petitioner fair price shop no.1051022, operating at Ramapuram Village, Puthalapattu Mandat, Chittoor District, without there being any suspension or cancellation of the petitioners is illegal, arbitrary and violation of Articles 14, 19 & 21 of constitution of India. Consequently direct the respondent nos.2 & 3 to supply essential commodities to the petitioner for fair price shop 1051022, operating at Ramapuram Village, Puthalapattu Mandal, Chittoor District and to pass such other order or orders ....’’ or no. The brief facts of the case are that the petitioner was appointed as a fair price shop dealer of shop No.1051022, Ramapuram Village, Puthalapattu Mandal, Chittoor 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 18.07.2025, the Deputy Tahsildar along with the Village Revenue Officer inspected the shop and found the variation in the stock. The grievance of the petitioner is that, without there being any show notice and without conducting any enquiry or passing order of cancellation of his dealership, the respondent authorities are not releasing the essential commodities to his shop. It is also the grievance of 2. 3. cause suspension or 4 the petitioner that the essential commodities were not delivered to the petitioner in spite of allotting the same, which is clearly indicated in the release orders for the months of July and August, 2025. Hence, the present writ petition is filed. Heard Sri K.Srinivas, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies for the respondents. 4. 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. 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. 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 - ^2002 (1) ALD 577 5 “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. Accordingly, the Writ Petition is disposed of. There shall be no order as 9. to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// .'i' • SECTION OFFICER To, • 1. The Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, State of Andhra Pradesh Velagapudi, Amaravati. 2. The Revenue Divisional Officer, Chittoor Division, Chittoor District, Andhra Pradesh. 3. The Tahsildar, Puthalapattu Mandal, Chittoor District, Andhra Pradesh. 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 Secretariat Buildings HIGH COURT DATED:22/08/2025 ORDER WP NO. 21997 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS