i* APHC010433642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) t THURSDAY,THE TWENTY EIGHTH DAY OF AUGUS TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22014 OF 2025 Between: S Gangadri^/o Chinna Gangappa, Hindu, Aged about 55 years, Occ Fair Price Shop Dealer^ Kondakamarla Village of O.D. Cheruvu Mandal. Sri Sathya Sai District. Shop No. 1246029, Yeddulavaripalli, H/o ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Veiagapudi, Amaravathi. 2. The Collector District Magistrate, Sri Sathya Sai District, Puttaparthi. 3. The Joint Collector and Additional District Magistrat, Sri Sathya Sai District, Puttaparthi. 4. The Revenue Divisional Officer, Puttaparthi Sri Sathya Sai District. 5. The Tahsildar, O.D. Cheruvu Mandal Sri Sathya Sai 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring respondents in not supplying the Essential Commoditiesto the petitioner Fair Price Shop No. 1246029, Yeddulavaripalli, Fl/o Kondakamarla Village of O.D. the action of the I Mandal, Sri Sathya Sai District as illegal arbitrary without any Cheruvu authority of law or jurisdiction unjust and violative of Articles 14, 19 (1) (g) and of India and consequently direct the respondents to 21 of the Constitution release the Essential his authorization is subsisting. Commodities to the petitioner Fair Price Shop as long as 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 respondents to supply the Essential Commodities to the Fair Price Shop No. 1246029, Yeddulavaripalli, H/o Kondakamarla Village of O.D. Mandal, Sri Sathya Sai District pending disposal of the writ petition. Counsel for the Petitioner: SRI MAHADEVA KANTHRIGALA Counsel for the Respondent Nos.1 to 5: GP FOR CIVIL SUPPLIES The Court made the following order; Cheruvu APHC010433642025 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: 22014/2025 Between: 1.S GANGADRI, 10 CHINNA GANGAPPA, HINDU. AGED ABOUT 55 YEARS, OCC FAIR PRICE SHOP DEALER, SHOP NO.1246029, YEDDULAVARIPALLI, H/0 KONDAKAMARLA VILLAGE OF O.D. CHERUVU MANDAL. SRI SATHYA SAI DISTRICT. ...PETITIONER AND 1.THE STATE OF AP. REP. BY ITS PRINCIPAL SECRETARY, CIVIL BUILDINGS, SECRETARIAT SUPPLIES DEPARTMENT, VEIAGAPUDI, AMARAVATHI. 2.THE COLLECTOR DISTRICT MAGISTRATE. SRI SATHYA SAI DISTRICT, PUTTAPARTHI. 3.THE JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRAT, SRI SATHYA SAI DISTRICT. PUTTAPARTHI. 4.THE REVENUE DIVISIONAL OFFICER, PUTTAPARTHI SRI SATHYA SAI DISTRICT. SRI SATHYA SAI 5.THE TAHSILDAR, O.D. CHERUVU MANDAL 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 an appropriate Writ, Order or Direction, more Jf- 2 ¥ VS,J W.P.No.22014 of 2025 particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not supplying the Essential Commodities to the petitioner Fair Price Shop No. 1246029, Yeddulavaripalli, Fl/o Kondakamarla Village of O.D. Cheruvu Mandal, Sri Sathya Sai District as illegal arbitrary without any authority of law or jurisdiction unjust and violative of Articles 14, 19 (1) (g) and 21 of the Constitution of India and consequentlydirect the respondents to release the Essential Commodities to the petitioner Fair Price Shop as long as his authorization is subsisting 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 Fligh Court may be pleased pleased to direct the respondents to supply the Essential Commodities to the Fair Price Shop No. 1246029, Yeddulavaripalli, H/o Kondakamarla Village of O.D. Cheruvu Mandal, Sri Sathya Sai District pending disposal of the writ petition and pass Counsel for the Petitioner: 1.MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.22014 of2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “....to issue an appropriate Writ Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not supplying the Essential Commodities to the petitioner Fair Price Shop No 1246029, Yeddulavaripalli H/o Kondakamarla Village of O. D Cheruvu Mandal, Sri Sathya Sai District, as illegal, arbitrary, without any authority of law or jurisdiction, unjust and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently, direct the respondents to release the Essential Commodities to the petitioner Fair Price Shop as long as his authorization is subsisting....” The petitioner was selected and appointed as a permanent Fair Price 2. Shop dealer for Shop No.1246029, Yeddulavaripalli, H/o KondakamriaVillage of O.D. Cheruvu Mandal, Sri Sathya Sai District, in the year 1986 by duly following the procedure and the petitioner’s authorization has been extended from time to time. Since the date of the said appointment, the petitioner has been distributing essential commodities to the cardholders without any complaints either from the cardholders or from the concerned authorities. Previously, when the petitioner was issued a suspension order on 3. 20.09.2024 suspending his authorization, the petitioner was constrained to file W.P.No.22983 of 2024, which was disposed of, vide, orders dated 24.03.2025 directing the 4'^ respondent to revoke the suspension order and restore the petitioner’s authorization. Surprisingly, under political pressure. again on 02.08.2025 at about 4.00 p.m., the respondents conducted a 0 vsj W.P. No.22014 of2025 surprise check and having found a variation in the stock, seized the stock and handed over the ePOS machine. Thereafter, the 4*^ same to the V.R.O. for safe custody along with the respondent issued a show-cause notice dated 05.08.2025, calling for an explanation from the petitioner within a period of seven (7) days from the date of receipt of the said show-cause notice, for which the petitioner submitted an explanation on 20.08.2025. The grievance of the petitioner in the present writ petition is that, even 4. without there being any disciplinary proceedings initiated against the in pursuance of the respondents stopped supply of petitioner and have also seized the ePOS machine from the petitioner's Fair Price Shop. Challenging which present writ petition is filed. petitioner, which in fact has not been finalized i explanation submitted by the petitioner, the the essential commodities to the , the 5. Heard the learned counsel for the Government Pleader for Civil Supplies for respondents. 6. Learned counsel for the petitioner submits that the following the due procedure, stopped supply petitioner. petitioner and the learned Assistant respondents without of essential commodities to the 7. Learned Assistant Government Pleader for Civil Supplies has furnished wherein the 5'^ respondent as stated by the petitioner. However, has stated that was issued to the petitioner calling for an explanation a copy of the instructions of the 5'^espondent^ has reiterated the facts a show-cause notice 5 VS,J W.P.No.22014 of 2025 before 12.08.2025. Despite this, the petitioner allegedly failed to submit his explanation within the stipulated time. It is the case of the petitioner that even though he did not submit his explanation within the stipulated time, he submitted his explanation on 20.08.2025. Even otherwise, no where it is stated in the instructions of the 5 respondent as to the finalization of the disciplinary proceedings. On perusal of the entire material available on record, it is evident that the respondent authorities without passing any order of suspension cancellation of the petitioner’s authorization stopped supply of essential commodities to the petitioner and have also seized the ePOS machine from the petitioner’s Fair Price Shop. 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. ” on or 8. 9. or 10. In the present case on hand, the respondents ought to have considered explanation submitted by the petitioner by affording an opportunity of in accordance with law. 11. the hearing and initiate disciplinary proceedings, if any Without any such action, the respondents cannot stop supply of essential commodities to the petitioner and also seized the ePOS machine of the ' 2002 (l)ALD 577 6 VS,J W.P.No.22014 of 2025 petitioner’s Fair Price Shop, which is illegal and arbitrary in view of law laid down in the aforesaid Judgment. In the light of the aforesaid facts and ci respondents are hereby directed to supply the essential petitioner, pending finalization of the disciplinary over the ePOS machine to the petitioner preferably within a period of three (3) days from the date of this order. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications 12. circumstances of the case, the commodities to the proceedings and also hand as expeditiously as possible, of receipt of a copy 13. pending, if any, shall also stand closed. Sd/-K TATA RAO P^^UT^EGiSTRAR S^TION OFFICER //TRUE COPY// To, Secretariat The Principal Secretary, Civil Supplies Department Buildings, Veiagapudi, Amaravathi. The Collector District Magistrate, Sri Sathya Sai District, Puttaparthi. The Joint Collector and Additional District Magistrat, Sri Sathya Sai 1. 2. 3. District, Puttaparthi. 4. The Revenue Divisional Officer, Puttaparthi Sri Sathya Sai District. 5. The Tahsildar, O.D. Cheruvu Mandal Sri Sathya Sai District. 6. One CC to Sri. Mahadeva Kanthrigala Advocate [OPUC] 7. Two CCs to GP For Civil Supplies, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. V HIGH COURT DATED:28/08/2025 ORDER WP NO. 22014 OF 2025 5S € g( 1 1 SEP 2025 Co ^S^Jurrent SectioiiX''i^ DISPOSING OF THE W.P. WITHOUT COSTS