APHC010425632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) /ii.; -;s». \v SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ^,v .vY. PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22299 OF 2025 Between: Shaik Sameena, C/o. Shaik Rashad, Aged about 31 years, Occ: Price Shop Dealer, Fair price shop No. 1006020, Mudiveedu Village, Kurabalakota Mandal, Chittoor District (Annamayya). ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Consumer Affairs, Food and Civil Supplies, Secretariat, Velagapudi, Amaravati. 2. The Joint Collector, Rayachoty, Chittoor District (Annamayya). 3. The Revenue Divisional Officer, Madanapalle Division, Chittoor District (Annamayya). 4. The Tahsildar, Kurabalakota Mandal, Chittoor District (Annamayya). 5. S. Mubeena, Occ; Fair Price Shop Dealer, Fair price shop No. 1006020, Mudiveedu Village, Kurabalakota Mandal, Chittoor District (Annamayya). ...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 nos. 3 and 4 in not supplying t the stocks to the petitioner Fair price shop without their being any suspension or cancellation of authorization in respect of the fair price shop no. 1006020, situated at Mudiveedu Village, Kurabalakota Mandal, Chittoor District (Annamayya), is illegal, arbitrary and violation of Articles 14, 19 21 of constitution of India and consequently direct the respondents 3 and 4 to supply the stocks to the petitioner as a fair price shop dealer. 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’s. 3 and 4 to supply the stocks to the petitioner as a fair price shop dealer in Shop No. 1006020, situated at Mudiveedu Village, Kurabalakota Mandal, Chittoor District (Annamayya). 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 Respondent Nos.1 & 2 : GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos.3 & 4 : GP FOR REVENUE Counsel for the Respondent No.5 : NONE APPEARED The Court made the following order: APHC&10425632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Ip [3333] r SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22299/2025 Between; 1.SHAIK SAMEENA, C/0 SHAIK RASHAD, AGED ABOUT 31 YEARS, OCC PRICE SHOP DEALER, FAIR PRICE SHOP NO. 1006020, MUDIVEEDU VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT (ANNAMAYYA). ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE JOINT COLLECTOR, RAYACHOTY, CHITTOOR DISTRICT (ANNAMAYYA). 3.THE REVENUE DIVISIONAL OFFICER, MADANAPALLE DIVISION, CHITTOOR DISTRICT (ANNAMAYYA). 4.THE TAHSILDAR, KURABALAKOTA MANDAL, CHITTOOR DISTRICT (ANNAMAYYA). 5.S MUBEENA, OCC FAIR PRICE SHOP DEALER, FAIR PRICE SHOP NO. 1006020, MUDIVEEDU VILLAGE, KURABALAKOTA MANDAL, CHITTOOR DISTRICT (ANNAMAYYA). ...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 2 pleased topleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondent nos. 3 and 4 in not supplying the stocks to the petitioner Fair price shop without their being any suspension or cancellation of authorization in respect of the fair price shop no. 1006020, situated at Mudiveedu Village, Kurabalakota Mandal, Chittoor District (Annamayya), is illegal, arbitrary and violation of Articles 14, 19 21 of constitution of India consequently direct the respondents 3 and 4 to supply the stocks to the petitioner as a fair price shop dealer 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 respondents no’s. 3 and 4 to supply the stocks to the petitioner as a fair price shop dealer in Shop No. 1006020, situated at Mudiveedu Village, Kurabalakota Mandal, Chittoor District (Annamayya). 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 REVENUE 2.GP FOR CIVIL SUPPLIES The Court made the following: 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.22299 of 2025 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 of Mandamus or any other appropriate Writ, Order or direction declaring the action of the respondents 3 and 4 in not supplying the stocks to the petitioner Fair price shop without their being any suspension or cancellation of authorization in respect of the fair price shop no. 1006020, situated at Mudiveedu Village, Kurabalakota Mandal, Chittoor District (Annamayya), is illegal, arbitrary and violation of Articles 14, 19 & 21 of constitution of India consequently direct the respondents 3 and 4 to supply the stocks to the petitioner as a fair price shop dealer and pass such order or orders...” The brief facts of the case are that vide proceedings in 2. D.Dis.No.A3/2326/2023, dated 27.01.2024, the respondent has appointed the petitioner as fair price shop dealer of shop No. 1006020, Mudivedu Village, Kurabalakota Mandal, Chittoor District (Annamayya), on temporary basis and accordingly, the petitioner has been running the same without any remarks. While so, on 07.07.2025, at about 10.00 a.m., the 4^^ respondent-the Deputy Tahsildar(CS), Kurabalakota Mandal along with Village Revenue Officer 3. inspected the shop and found variation in the stock. Basing on the report of the respondent has initiated proceedings under 6A of nd 4*'^ respondent, the 2 Essential Commodities Act, 1955, on 14.07.2025. The grievance of the petitioner is that, without there being any order of suspension or cancellation of her dealership, the respondent authorities are not releasing the essential 4 commodities to her shop and appointed the 5*' respondent as fair price shop dealer in her place. Hence, the present writ petition is filed. 4. Heard Sri K.Srinivas, learned counsel for the petitioner and the Assistant Government Pleader for Civil Supplies for the respondents. learned 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 others' iin support of his in the above judgment, to direct the respondents to allow the petitioner to run her fair price shop and to supply essential commodities to the cardholders. contention. On the strength of the principle laid down i learned counsel for petitioner requested this Court 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. 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 suspension or cancellation is illegal and arbitrary and issued such directions”. In view of the law laid down by Full Bench run the shop without any order of 8. of High Court of Andhra Pradesh in the aforesaid judgment, this Court is of the opinion that the action of 2002 (1) ALD 577 c V- t 5 0^ the respondents is illegal and arbitrary. Therefore, the respondents are directed to supply essential commodities to the petitioner by allowing her to distribute the same to the card holders, allotted to her fair price shop, till her 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, miscellaneous applications, pending, if any, shall also stand closed. Sdl- H. MAGAIVliVIA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Consumer Affairs, Food and Civil Supplies, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. The Joint Collector, Rayachoty, Chittoor District (Annamayya). The Revenue Divisional Officer, Madanapalle Division, Chittoor District (Annamayya). The Tahsildar, Kurabalakota Mandal, Chittoor District (Annamayya). One CC to Sri K. Srinivas, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. 6. 7. 8. Cnr f HIGH COURT DATED:30/08/2025 ORDER WP NO. 22299 OF 2025 of J 1 SEP 2025 o;J m V^VWJrr^Section^’V DISPOSING OF THE W.P. WITHOUT COSTS