APHC010430492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) oh K-"' "D I O V H'^1 ool** 4 VV ■3 THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST^ ' TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA , WRIT PETITION NO: 21899 OF 2025 ^ . -■35^ Between: Maranatha Mahila Sakthi Sangham, represented by its Secretary, Bathina Sakheena, W/o Bobby, Aged about 27 years, R/o Jegurupadu Village, Kadiyam Mandal, East Godavari District ...Petitioner \ AND 1. The State of,Andhra Pradesh, Represented by the Principal Secretary Civil Supplies Department, Secretariat Buildings Amaravathi, Andhra Pradesh. at velagapudi 2. The District Collector(CS), East Godavari District, Rajamaheh"dravaram. 3. The Revenue Divisional Rajamahendravaram, East Godavari District. 4. The Tahsildar, Kadiyam Mandal, East Godavari District. 5. The Assistant Grain Purchasing Officer-Cum-Mandal Supplier officer (M.S.O), Kadiyam Mandal, East Godavari District. Officer-Cum-Sub Collector, ...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 of Writ of Mandamus declaring the action of the Respondents No.3 more particularly one in the nature to 5 in putting lock, placing banner to the petitioner Shop and also not allotting the essential commodities for the F.P Shop No.0431020 of Jegurupadu Village, Kadiyam Mandal, East Godavari District, without there being any reason, without issuing any notice to the petitioner though the petitioner authorization is valid and subsisting, is illegal, arbitrary and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice and consequently direct the respondents to remove the lock and banner by also continuing to supply essential commodities to the petitioner F.P Shop No.0431020 of Jegurupadu Village, Kadiyam Mandal, East Godavari 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 petition, the Fligh Court may be pleased to direct the Respondents to remove the lock, by also continuing to supply essential commodities to the petitioner F.P Shop No.0431020 of Jegurupadu Village, Kadiyam Mandal, East Godavari District, pending disposal of Writ Petition. Counsel for the Petitioner: SRI T V JAGGI REDDY v Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010430492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21899/2025 Between; 1.MARANATHA MAHILA SAKTHI SANGHAM, REPRESENTED BY ITS SECRETARY, BATHINA SAKHEENA, W/0 BOBBY, AGED ABOUT 27 YEARS, R/0 JEGURUPADU VILLAGE, KADIYAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND REPRESENTED BY THE PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 1.THE STATE OF AP 2.THE DISTRICT COLLECTOR C S, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. 3.THE REVENUE DIVISIONAL OFFICER CUM SUB COLLECTOR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4.THE TAHSILDAR, KADIYAM MANDAL, EAST GODAVARI DISTRICT. 5.THE ASSISTANT GRAIN PURCHASING OFFICER CUM MANDAL SUPPLIER OFFICER M S O, KADIYAM MANDAL, EAST GODAVARI 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, order or direction more particularly one in / 2 VS,J W.P.No.21899 of2025 the nature of Writ of Mandamus declaring the action of the Respondents No.3 to 5 in putting lock, placing banner to the petitioner Shop and also not allotting the essential commodities for the F.P Shop No.0431020 of Jegurupadu Village, Kadiyam Mandal, East Godavari District, without there being any reason, without issuing any notice to the petitioner though the petitioner authorization is valid and subsisting, is illegal, arbitrary and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice and consequently direct the respondents to remove the lock and banner by also continuing to supply commodities to the petitioner F.P Shop No.0431020 of Jegurupadu Village, Kadiyam Mandal, East Godavari 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 Respondents to remove the lock, by also continuing to supply essential commodities to the petitioner F.P Shop No.0431020 of Jegurupadu Village, Kadiyam Mandal, East Godavari District, disposal of Writ Petition, and to pass Counsel for the Petitioner: essential pending 1.T V JAGGI REDDY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: % 3 VS,J W.P.No.21899 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 particulariy one in the nature of Writ of Mandamus deciaring the action of the Respondents No.3 to 5 in putting iock, placing banner to the petitioner Shop and also not allotting the essential commodities for the F.P. Shop No.0431020 of Jegurupadu Village, Kadiyam Mandal, East Godavari District, without there being any reason and without issuing any notice to the petitioner though the petitioner authorization is valid and subsisting, as illegal, arbitrary and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice and consequently direct the respondents to remove the lock and banner and also continue to supply essential commodities to the petitioner F.P. Shop No.0431020 of Jegurupadu Village, Kadiyam Mandal, East Godavari District....” The petitioner was appointed as a temporary Fair Price Shop dealer of Shop No.0431020, Jegurupadu Village, Kadiyam Mandal in pursuance to the representation submitted by the petitioner in ‘Meekosam’ to the 3'"^ respondent on 09.06.2025 to allot the said Fair Price Shop in favour of the petitioner’s sangam, which was situated in the Schedule Caste Area of the village and basing on a report submitted by the respondent, the petitioner was appointed by the 3’’^ respondent vide proceedings dated 01.08.2025. 2. While the matter stood thus, the 5‘^ respondent came to the petitioner’s shop in her absence and put a lock to the petitioner’s shop on 12.08.2025 and placed a banner across the petitioner’s shop stating that the cardholders have 3. to approach the nearest Fair Price Shop Nos.0431011 and 0431014 by TA, VS,J ^ 4 W.P.No.21899 of2025 14.08.2025 and take essential commodities, without there being any disciplinary proceedings initiated against the petitioner. Aggrieved by the said action, the present writ petition is filed. 4. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies for respondents. Today, vyhen the matter came up for hearing, learned Assistant Government Pleader for Civil Supplies has furnished a copy of instructions of the respondent, dated 20.08.2025, wherein it is stated as follows; 5. “.... According to the Civil Supplies Deputy Tahsildar, Kadiam Mandal, the petitioner has distributed essential commodities for one day only. (PDS Rice to 4 Card Holders and Sugar to 3 Card Holders only in a day on 08.08.2025). While so, the 4^'^ respondent in his further report vide CS/KDM/32/2025 Dt. 11.08.2025 stated that Bathina Bobby Husband of the petitioner who worked as Mobile Dispensing Unit (MDU) operator previously in the village did not distribute the essential commodities properly and used to cause in-convenience to the card holders in getting ration and as such his wife who is present petitioner in the WP if given dealership the card holders suffer a lot and denied the dealership of the petitioner. Finally, the respondent has recommended for cancellation of the temporary dealership allotment to the petitioner vide Ref D/1938/2025 Dt.01.08.2025 and to keept the FP Shop dealer 0431011 towards in-charge for shop No.0431020 as was earlier. In view of the larger public interest and prevailing unrest among the card-holders, the 5^^ respondent has placed banner at the shop requesting the remaining card-holders to get their respective PDS stocks at the nearby FP Shops 0431011 and 0431041 in the village to ensure 5 VS,J W.P.No.21899 of2025 receipt of essential commodities by all the card-holders tagged to the FP Shop No. 0431020. The 4^^ and 5^^ respondents only keeping in view the timely distribution of commodities to the card holders, also considering much unrest prevailed among the card holders against the petitioner, acted as stated above. ” Learned Assistant Government Pleader for Civil Supplies has also stated that he was orally informed by the concerned officers that the respondents stopped supplying the essential commodities to the petitioner. But, however, as the villagers themselves were also not willing to collect the essential commodities from the petitioner’s shop, a banner was put up on the petitioner’s Fair Price Shop only to provide an alternative way for the villagers to obtain the essential commodities. 6. 7. As per the said instructions, it can be understood that,except stating that a complaint was made by 14 villagers alleging that the petitioner’s husband, who worked as a Mobile Dispensing Unit operator previously in the village did not distribute the essential commodities properly and caused inconvenience to the cardholders in receiving ration, as such, they are not willing to collect essential commodities from the petitioner’s Fair Price Shop, nowhere it has been stated that any show-cause notice has been issued to the petitioner calling for an explanation with regard to the said complaint. It can also be understood that as the 3'"' respondent has appointed the petitioner as a temporary Fair Price Shop dealer basing on the report submitted by the 4^'^ respondent, however, after duly conducting enquiry. 6 VS,J W.P. No.21899 of2025 8. In this regard, it is pertinent to refer to the judgment of the Full Bench of this Court in Oleti 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. ’’ 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 the action of the respondents in the present case is illegal and arbitrary. Accordingly, the respondents are directed to handover the key 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, and also to supply the essential commodities to the petitioner’s Fair Price Shop till the disciplinary proceedings have been initiated and finalized. 9. 10. 11. With the above directions, 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. 1 2002 (1) ALD 577 Sd/- M PRABHAKAR RAO ASSISTANT^^^JSTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Civil Supplies Department, Secretariat Buildings, at velagapudi, Amaravathi, Andhra Pradesh. 2. The District Collector(CS), East Godavari District, Rajamahendravaram. 4- 3. The Revenue Divisional Officer Rajamahendravacafn, East Godavari District. 4. The Tahsildar, Kadiyam l\)randal, East Godavari District. 5. The Assistant Grain Purchasing Officer -Cum- Mandal Supplier officer M S O, Kadiyam Mandal, East Godavari District 6. One CC to Sri T V Jaggi Reddy, Advocate [OhUC] 7. Two CCs to GP for Civil Supplies, High'* Court of Andhra 8. Two CD Copies cum Sub Collector, Pradesh [OUT] TF HIGH COURT DATED:28/08/2025 ORDER WP NO. 21899 OF 2025 ^ 18 SEP 2025 m j o>' *^^vCyrr»nt DISPOSING OF THE W.P., WITHOUT COSTS