^ APHC010424982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST,^^^^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21683 OF 2025 ,7< m 3 >' to Between: P Nagarjuna, S/o. P. Kesanna, Aged gbout 52 yrs, R/o. D. No. 3-99 Yeguvapalli Village, Garladinne Mandal, Ananthapur District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Ananthapur, Ananthapur District. 3. The Revenue Divisional officer, . Ananthapur, Ananthapur District. 4. The Mandal Tahsildhar, Garladinne Mandal, Ananthapur 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, order or direction more particularly in the nature of mandamus declaring the action of the 4**^ respondent in seizing the E-pass machine and lock the premises in respect of the fair price shop of the petitioner vide shop no. 16 situated at Yeguvapalli Village, Garladinne Mandal, Ananthapur District is as illegal, arbitrary and violation of Art. 14, 21 and justice and consequently direct the 300A of Constitution of India, violation of principles of natural violation of procedure prescribed under the law and respondents herein to release the above said seized material for essential commodities to its card holders. supply of 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 to direct the 4th respondent to release the seized material i.e., E-pass machine and lock to the petitioner in respect of the fair price shop vide shop no. 16 situated at Yeguvapalli Village, Garladinne Mandal, Ananthapur District forthwith for supply of commodities to its card holders, pending disposal of the writ petition. Counsel for the Petitioner: SRI P NARASIMHULU Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: 1 VS,J W.P.No.21683 of2025 ^ APHC010424982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) “J [3333] ■i THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21683/2025 Between: 1.P NAGARJUNA, , S/0. P. KESANNA, AGED ABOUT 52 YRS, R/O. D. NO. 3-99, YEGUVAPALLI VILLAGE, GARLADINNE MANDAL, ANANTHAPUR DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANANTHAPUR, ANANTHAPUR DISTRICT. 3 3.THE REVENUE DIVISIONAL OFFICER, . ANANTHAPUR DISTRICT. 4.THE MANDAL TAHSILDHAR, GARLADINNE MANDAL, ANANTHAPUR DISTRICT. ANANTHAPUR, ...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, order or direction more particularly in the nature of mandamus declaring the action of the 4TH one respondent in seizing the E-pass machine and lock the premises in respect of the fair price shop of the petitioner vide shop no. 16 situated at Yeguvapalli Village, 2 VS,J W.P. No.21683 of 2025 # Garladinne Mandal, Ananthapur District is as illegal, arbitrary and Art. 14, 21 and 300A of Constitution of India, violation of principles of natur justice and violation of procedure prescribed under the law and consequently direct the respondents herein to release the above said seized material or supply of essential commodities to its card holders 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 4TH respondent to release the seized material i.e., h- pass machine and lock to the petitioner in respect of the fair price shop vide shop no. 16 situated at Yeguvapalli Village, Garladinne Mandal, Ananthapur District forthwith for supply of commodities to its card holders, pending disposal of the writ petition, and pass Counsel for the Petitioner; 1.P NARASIMHULU Counsel for the Respondent(S); 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.21683 of2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “....to issue a writ, order or direction more particuiarly one in the nature of mandamus deciaring the action of the 4’^ respondent in seizing the E-pass machine and lock the premises in respect of the fair price shop of the petitioner, vide Shop No. 16 situated at Yeguvapalli Village, Garladinne Mandal, Ananthapur District as illegal, arbitrary, violation of Art. 14,21 and 300A of Constitution of India, violation of principles of natural justice and violation of procedure prescribed under the law and consequently, direct the respondents herein to release the above said seized material for supply of Essential Commodities to its card holders....” The petitioner was initially appointed as a Fair Price Shop dealer temporary basis for Shop No.16 of Yeguvapalli Village, Garladinne Mandal, Ananthapur District on 11.06.2010. Since then, the petitioner has been distributing essential commodities to the cardholders without any complaint either from the cardholders or from the concerned authorities and the authorization of the petitioner’s Fair Price Shop has been extended from time to time. 2. on 3. While the matter being so, on 02.08.2025 at about 11.30 a.m. to 12.00 a.m., 4^^ respondent along with her subordinates came to the petitioner’s shop and directed the petitioner to stop supply of commodities to the cardholders and seized the ePOS machine, locked the premises and kept the same under the custody of the 4*^ respondent. -7 vs,j. : W.P.No.21683 of2025 The grievance of the petitioner in the present writ petition is that, even without any notice being issued or disciplinary proceedings initiated against the petitioner, the respondents have seized the premises along with the ePOS machine. This action was taken despite there being no variation in stock or complaint against the petitioner. Aggrieved by the said action, the petitioner has filed the present writ petition. 4. r Head learned counsel for the petitioner as well as learned Assistant 5. Government Pleader for Civil Supplies for respondents. Learned Assistant Government Pleader for Civil Supplies has furnished a copy of the instructions of the 4^^ respondent, dated 19.08.2025, wherein it is stated that on 02.08.2025 at about 12.00 p.m., an inspection was conducted at the petitioner’s Fair Price Shop. The Inspecting Officials verified the EPOS and on verification of ePOS device, closing balances and ground balances, they have identified certain variations such as a variation of 30 kgs of fortified rice and 100.470 (1/2 kg packets) of sugar. It is further stated in the said instructions that, in view of these discrepancies, they seized the available ground balance of 2650 quintals of fortified rice and excess sugar of 100.470 (1/2 kg packets) after conducting a panchanama in the presence of mediators, along with the ePOS machine and weighing machine. Thereafter, the same were handed over to the Village Revenue Officer, Kalluru Village of Garladinne Mandal, for safe custody until further orders. It is also stated that, basing on the said variations, a case under Section 6-A of the Essential 6. 5 VS,J W.P.No.21683 of2025 ^ Commodities Act,1955 was registered against the petitioner and submitted to the Joint-Collector(CS) for taking necessary action as per the Essential Commodities Act, 1955. On a perusal of the instructions furnished by the 4'*^ respondent, it can be understood that on 02.08.2025 during the course of inspection conducted 7. in the petitioner’s Fair Price Shop, the respondents have indentified the variation of 30 kgs of fortified rice and 100.470 (1/2 kgs packets) of sugar on the ground. Thereafter, upon identifying the said variation, the respondents have seized excess stock available in the petitioner’s Fair Price Shop, along with the ePOS machine and weighing machine, after duly conducting panchanama in the presence of mediators. However, in the said instructions nowhere it has been stated whether any show-cause notice has been issued to the petitioner calling for an explanation with regard to the variations found in the petitioner’s fair price shop except stating that a case under Section 6-A of Essential Commodities Act, 1955 was registered and submitted to the Joint- Collector(CS) for taking necessary action. In this regard, it is pertinent to refer to the Judgment of the Full Bench of 8. . this Court in 0/ef/ Tirupathamma v. District Supply Officer (City), Visakhapatnam and others^ wherein it was categorically 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. ” ^ 2002 (1) ALD 577 6 VJ. P. No.21683 of 2025 In view of the law laid down by the Full Bench of this Court in the aforesaid judgment, this Court is of the considered opinion that, without passing any order of suspension or cancellation of the petitioner’s authorization, the respondents stopped supply of essential commodities to the petitioner and have also seized the ePQS machine and weighting machine from the petitioner’s Fair Price Shop, which is clearly illegal and arbitrary. Accordingly, the respondents are hereby directed to hand over the seized ePOS and weighing machine to the petitioner as expeditiously as possible, preferably within a period of two (2) days from the date of receipt of a copy of this order. The respondents are further directed to supply the essential commodities to the petitioner, pending finalization of the disciplinary proceedings. 9. 10, With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. 11. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR 4 //TRUE COPY// ECflON OFFICER To, 1. The Principal Secretary, Civil Supplies Department, State of AP, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Ananthapur, Ananthapur District. 3. The Revenue Divisional officer, Ananthapur, Ananthapur District. 4. The Mandal Tahsildhar, Garladinne Mandal, Ananthapur District. 5. One CC to Sri. P Narasimhulu Advocate [OPUC] 6. Two CCs to GP for Civil Supplies High Court of Andhra Pradesh [OUT] 7. Two CD Copies Gsc (gsg) HIGH COURT DATED:28/08/2025 /■ ORDER WP NO. 21683 OF 2025 Si 0 8 SEP 2025 '• } DISPOSING THE WP WITHOUT COSTS