I APHC010422142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21939 OF 2025 Between: Mangali Mukesh, S/o M.Balaji, Age: 35 Years, Occ: Permanent Dealer, Shop No. 1206008, R/o Gooty Town, Gooty Mandal, Anantapur District FP Shop ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Department of Civil Supplies, Secretariat, Velagapudi, Guntur District 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 ...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. 1206008, during subsistence of his Permanent Price Authorization for Shop No. 1206008, Gooty Village, Gooty Mandal, Fair Anantapur District as illegal arbitrary, against principles of natural justice consequently direct the Respondents 2 to 4 to supply the Commodities to Petitioner for distributing same to Card Holders of Shop No. 1206008, during subsistence of his Permanent Fair Price Authorization for Shop No. 1206008, Gooty Village, Gooty Mandal, Anantapur District. lA NQ: 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 Respondent No.4 to supply the Commodities distributing same to Card Holders of Shop No. 1206008, during subsistence of his Permanent Fair Price Authorization for Shop No; 1206008, Gooty Village, Gooty Mandal, Anantapur District. Counsel for the Petitioner: SRI Y. SUBBA RAO Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES The Court made the following order: and to to Petitioner for APHC010422142025 HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21939/2025 IN THE [3333] SMS FRIDAY, Between; 1.MANGALI MUKESH, S/0 M.BALAJI, ^5 YEARS_ OCC PERMANENT FP SHOP DEALER, SHOP NO. 1206008, R/0 GOOTY GOOTY MANDAL, ANANTAPUR DISTRICT TOWN ...PETITIONER AND REP BY THE PRINCIPAL STATE OF ANDHRA PRADESH department of civil SUPPLIES, SECRETARIAT 1.THE SECRETARY, VELAGAPUDI, GUNTUR DISTRICT district magistrate. JOINT COLLECTOR/ADDITIONAL ANANTAPUR, ANANTAPUR DISTRICT DIVISIONAL OFFICER, GUNTAKAL, ANANTAPUR 2.THE 3.THE REVENUE 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 o Respondents 2 to 4 in not supplying the Commodities to Petihoner for distrLting same to Card Holders of Shop No. 1206008^ of his Permanent Fair Price Authorization for Shop No. ^206008, G y Anantapur District as illegal arbitrary, against Village, Gooty Mandat, 2 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. 1206008, during subsistence of his Permanent Fair Price Authorization for Shop No. 1206008, 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 leased to direct the Respondent No.4 to supply the Commodities to Petitioner for distributing same to Card subsistence of his Permanent Fair Price Authorization for Shop No; 1206008, Gooty Village, Gooty Mandal, Anantapur District and pass Counsel for the Petitioner; Holders of Shop No. 1206008, during 1.YSUBBA RAO Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 honourable smt. justice v.sujatha WRIT PETITION No.21939 of 2025 ORDER; under Article 226 of the Constitution of The present Writ Petition is filed India seeking the following relief:- WRIT OF MANDAMUS or any other appropriate Writ the action on the part of to issue a or Writs order or Direction declaring Respondents 2 to 4 in not supplying the Commodities to Petitioner for disLting seme to Cerd Holders of Shop subsistence of his Permanent Fair Price Authorization fo Shop No 1206008, Goofy Village, Goofy Mandal, Ananlapur Disiricl, as illegal, arbitrary against principles of natural justice and FO"sequen y direct the Respondents 2 to 4 to supply the Commodities to Petitioner Card Holders of Shop No.1206008, during Permanent Fair Price Authorization for Shop for distributing same to subsistence of his i - r^-. to. No. 1206008, Gooty Village, Gooty Mandal, Anantapur Distri pass such other order or orders — that the petitioner was appointed as a No.1206008, Gooty Village, Gooty Mandal, has been running the same by distributing card holders attached to the petitioner’s fair 03.06.2025, at about 12.30 Enforcement Authorities along with local The brief facts of the case are fair price shop dealer of shop Anantapur District. The petitioner the essential commodities to the 2. price shop without any complaints. While so, on p.m., the Regional Vigilance & Revenue Officials, Ananthapuramu, inspected the petitioner's fair price shop and As such, the 4^'' respondent submitted his report respondent has initiated found the variation in the stock, respondent Nos.2 & 3, basing on which, the 2 proceedings under 6A of Essential nd to the Commodities Act, 1955, thereby issued show cause notice on Nil.06.2025 15 days from the date of entire seized stock should show cause notice dated explanation within 7 days from the disciplinary action should directing the petitioner herein receipt of the said show not be confiscated and the 3 24.07.2025 directing the date of receipt of the said not be initiated against him. to show cause within cause notice, as to why the respondent has issued petitioner herein to give notice, as to why 3. The grievance of the petitioner i passing order of respondent authorities shop. Hence, the IS that, without conducting suspension or cancellation of any enquiry his dealership, the or are not releasing the essential present writ petition is filed. commodities to his 4. Heard Sri Y.Subba Rao, learned Assistant Government Pleader learned counsel for the for Civil Supplies for the petitioner and the respondents. 5. Learned counsel for the placed reliance Tirupathamma other^ in support of his contention. On the in the above judgment, learned petitioner while on the decision of Full '"■ District Supply Officer reiterating the contentions. Bench reported in Oleti (City) Visakhapatnam strength of the principle laid down and counsel for petitioner requested this Court to run his fair price shop and to direct the respondents to allow supply essential commodities to the the petitioner to card holders. 6- On the other hand, learned Supplies supported the Assistant Government Pleader action of the respondents in all aspects, but, for Civil no order '2002 (1)ALD 577 , terminating the dealership or suspending or cancelling the authorization placed on record to deny supply of essential commodities. IS 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 - 7. “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 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 Control Order, 2018. are passing an order under Clause 8(4) of the 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 DEPjUTY REGISTRAR //TRUE COPY// sectioT^ officer To, 1. The Principal Secretary, Department of Civil Supplies, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District 2. The Joint Collector/AdditionalDistrict Magistrate,Anantapur, Anantapur District 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] 6. Two CCs to GP for Civil Supplies. High Court of Andhra Pradesh [OUT] 7. Two CD Copies. ssb HIGH COURT DATED:22/08/2025 ORDER WP No. 21939 OF 2025 % o o is t6SEP2fl?5 m, Co. ^ ^ Current Section DISPOSING OF THE W.P. WITHOUT COSTS