APHC010434262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22586/2025 Between: 1. K CHANDRASEKHAR REDDY, S/O JAYACHANDRA REDDY AGED ABOUT 53 YEARS, OCC F.P.SHOP DEALER, F.P.SHOP NO. 1057019, MAHASAMUDRAM VILLAGE, BANGARUPALYAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDRA PRADESH, REPT., BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3. THE JOINT COLLECTOR, (CS) CHITTOOR DISTRICT, 4. THE REVENUE DIVISIONAL OFFICER, PALAMANER, CHITTOOR DISTRICT. 5. THE TAHSILDAR, BANGARUPALYAM MANDAL, BANGARUPALYAM, CHITTOOR 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 to issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the action of the respondents not issuing Essential 2 VS,J W.P.No.22586 of 2025 Commodities to the petitioner herein, for distribution to the card holders attached to shop No. 1057019 of Mahasamudram Village, in Bangarupalyam Mandal, Chittoor District, in spite of subsisting the petitioner's F.P shop authorization and without there being any suspension or cancellation, is illegal, arbitrary and in violation of principles of Natural Justice and contrary to the provisions of A.P State Targeted Public Distribution System Control Order, 2018, and consequently direct the respondent Nos.4 and 5 herein, to supply the Essential Commodities to the petitioner and allow him to distribute the same to the petitioners F.P shop and pass such IA 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 may be pleased to direct the respondents to supply Essential Commodities to the petitioner herein, and allow the petitioner to distribute the same to the respective card holders under Public Distribution System, attached to shop No. 1057019 of Mahasamudram Village, in Bangarupalyam Mandal, Chittoor District, pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.22586 of 2025 ORDER: This 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 or direction declaring the action of the respondents not issuing Essential Commodities to the petitioner herein, for distribution to the card holders attached to shop No.1057019 of Mahasamudram Village, in Bangarupalyam Mandal, Chittoor District, in spite of subsisting the petitioner’s F.P shop authorization and without there being any suspension or cancellation, is illegal, arbitrary and in violation of principles of Natural Justice and contrary to the provisions of A.P State Targeted Public Distribution System Control Order, 2018, and consequently direct the respondent Nos.4 and 5 herein, to supply the Essential Commodities to the petitioner and allow him to distribute the same to the petitioner’s F.P shop and pass any other order….” 2. The brief facts of the case are that in the year 2002, the petitioner was appointed as fair price shop dealer of shop No.1057019, Mahasamudram Village, Bangarupalyam Mandal, Chittoor District, on permanent basis and accordingly, the petitioner has been running the same for the past twenty three years. 3. While so, on 05.08.2025, at about 11.30 a.m., the Andhra Pradesh State Food Commissioner and District Supply Officer, Chittoor, Deputy Tahsildar, Bangarupalyam and other subordinate officials inspected the shop and found variation in the stock. The inspecting team prepared a panchanama, but instead of serving any panchanama copy or any show cause notice to the petitioner, have booked a 6-A case against the petitioner. The entire seized stocks were seized and handed over to the Village Revenue Officer, Mahasamudram Village, for safe custody. 4 VS,J W.P.No.22586 of 2025 4. The grievance of the petitioner is that, without there being any order of suspension or cancellation of his dealership, the respondent authorities are not releasing the essential commodities to his shop. Hence, the present writ petition is filed. 5. Heard Sri M.Gnaneswara Rao, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies for the respondents. 6. Today when the matter is taken up for hearing, learned Assistant Government Pleader for Civil Supplies furnished a copy of the instructions of the Revenue Divisional Officer, Palamaner dated 01.09.2025. Wherein, it is stated that the Tahsildar, Bangarupalem inspected the shop of the petitioner on 05.08.2025 and found certain variations in essential commodities between EPOS machine and ground balance. Basing on the Tahsildar’s report dated 05.08.2025, a show cause notice was issued to the petitioner on 28.08.2025 calling for an explanation within seven days from the date of receipt of copy of the notice. 7. The said instructions do not indicate as to whether the disciplinary proceedings initiated against the petitioner have been finalized. 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 others1, 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.” 9. However, as the show cause notice was issued after filing of the writ petition, this Court feels it appropriate to dispose of the writ petition directing the 1 2002 (1) ALD 577 5 VS,J W.P.No.22586 of 2025 petitioner to submit an explanation to the said show cause notice within a period of ten (10) days from the date of receipt of copy of the order. Further, 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. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date: 02.09.2025 SNI 6 VS,J W.P.No.22586 of 2025 240 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22586 of 2025 Date: 02.09.2025 SNI