APHC010439962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY.THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22847 OF 2025 Between: Sri Kondrothu Eswara Rao, S/o Neelakantam, Aged about 38 Years, Occ- F.P shop Dealer Village Cheepurupalli mandal, Vizianagaram District. F.P.Shop No.0223029, R/o. Pattikayavalasa ...Petitioner 1. The State Of Andhra Pradesh, Represented by its Principal Secretary, To Government, Civil Supplies Department at Secretariat, Velagapudi Amaravati, Guntur District. 2. The Joint Collector, Vizianagaram District 3. The Revenue Divisional ficer, Cheepurupalli, Vizianagaram District 4. The Tahsildar, Cheepurupalli Mandal, Vizianagaram District 5. Civil Supplies Deputy Tahsidar, Cheepurupalli Mandal, Vizianagaram 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 particularlyone in the nature of WRIT OF MANDAMUS to declare the action of the suspension nor cancellation of petitioner respondents 2 to 5, neither XTh in the nature of WRIT OF respondents 2 to 5, neither MANDAMUS to declare the action of the suspension nor cancellation of petitioner authorization, in not releasing the essential commodities and petitioner to not allowing the run his FP. 0223029, Pattikayavalasa Village, Cheepurupalli mandal, Vizianagaram District, despite subsisting authorization is illegal and arbitrary, violative of principles of and contrary to the Andhra Pradesh System (Control) Order, 2018, the petitioners FP. Shop natural Justice state Targeted Public Distribution contrary to the law laid down by this Flonrble , Court in several cases and consequently direct the respondents No. release the Essential Commodities to the 2 to 5 to petitioner for the F.P. Shop No. Cheepurupalli mandal, Vizianagaram 0223029 Pattikayavalasa Village District. 1A_N0M0F^25 Petition under Section 151 CPC in the affidavit filed in .simnnrt nf the netition the Hiah Court may h< direct the respondents No. 2 to 5 to release praying that in the circumstances stated be oieased to the Essential Commodities to the petitioner for the F.P. Shop No. 0223029 of Pattikayavalasa Village, Cheepurupalli Mandal Vizianagaram District, pending disposal of the wrii petition. Counsel for the Petitioner: SRI RAJU GUBBALA Counsel for the Respondent Nos.1 to 5: GP FOR CIVIL SUPPLIES The Court made the following order: / APHC010439962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) / [3333] m MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22847/2025 Between; AGED F.P.SHOP KONDROTHU ESWARA RAO, S/0 NEELAKANTAM, ABOUT 38 YEARS, OCC- N0.0223029, R/0. PATTIKAYAVALASA VILLAGE CHEEPURUPALLl MANDAL, VIZIANAGARAM DISTRICT. 1.SRI F.P SHOP DEALER ...PETITIONER U ^ STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT SECRETARIAT, VELAGAPUDI AMARAVATl, GUNTUR DISTRICT. 2.THE JOINT COLLECTOR, VIZIANAGARAM DISTRICT 3.THE REVENUE VIZIANAGARAM DISTRICT 4.THE TAHSILDAR, CHEEPURUPALLl MANDAL, DISTRICT 5.CIVIL VIZIANAGARAM DISTRICT. AT CHEEPURUPALLl, DIVISIONAL FICER, VIZIANAGARAM SUPPLIES DEPUTY TAHSIDAR, CHEEPURUPALLl MANDAL ...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 particularly one in the nature of WRIT OF MANDAMUS to declare the action 2 VS,J * W.P.No.22847 of 2025 Of the respondents 2 to 5, neither authorization, in not ^^^P^^sion nor cancellation of petitioner petitioner to run his fp 022302rp ^ SHBiifSS LA NO: 1 OF ?n?,q s'rirr r Pattikayavalasa Village, Cheepurupalli Mandal the writ petition and to may be pleased - the Essential Shop No. 0223029 of District, pending disposal of pass Counsel for the Petitioner: 1.RAJU GUBBALA Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 VS.J W.P.No.22847of2025 ORDER: This writ petition is 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 to declare the action of the respondents 2 to 5, neither suspension nor cancellation of petitioner authorization, in not releasing the essential commodities and not allowing the petitioner to run his F.P.No.0223029, Pattikayavalasa Village, Cheepurupalli mandal, Vizianagaram District, despite subsisting the petitioner’s F.P. Shop authorization is illegal and arbitrary, violative of principles of natural Justice and contrary to the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, contrary to the law laid down by this Flon’ble Court in several cases and consequently direct the respondents No. 2 to 5 to release the Essential Commodities to the petitioner for the F.P. Shop No.0223029, Pattikayavalasa Village, Cheepurupalli mandal, Vizianagaram District...” The case of the petitioner, in brief, is as follows: 2. a) The petitioner was appointed as the permanent Fair Price Shop dealer of Shop No.0223029, Pattikayalavalasa Village, CheepurupalliMandal, Vizianagaram District. Since then, the petitioner has been distributing the essential commodities to the cardholders without any complaints either from the cardholders or the concerned authorities. The said authorization was renewed from time to time. The petitioner applied for renewal on 20.03.2025 by paying challan. b) While the matter being so, basing on a complaint made by one Sirgi Ganapathi on 14.07.2025, the Civil Supplies Deputy Tahsildar, Mandal Revenue Inspector, Cheerpurupalli Mandal and VRO, Pattikayavalas a Village, inspected the petitioner’s Fair Price Shop ajaekTfound certain variation of W.P.No.22847 of 2025 Stocks, prepared a panchanama and It is further stated that registered a case against the petitioner, on 16.07.2025, the inspecting authorities took possession of the ePOS machine, changed the name, and handed it over to the VRO, Pattikayavalasa Village. The inspecting authorities submitted a report to the 3« respondent on 18.07.2025 without giving the petitioner opportunity to submit his reply. an c) Earlier also, the 3'"'^ respondent issued proceedings dated 06.08.2024 suspending the petitioner’s authorization. Aggrieved by the the petitioner filed W.P.No.18447 of 2024. said proceedings. In the said writ petition, this Court passed an interim order dated 09.09.2024, 06.08.2024 passed by the 3'^'^ i respondent, without conducting suspending the order dated respondent. Despite the said order, the 3"'^ any enquiry under Clause 8 (4) of the APTPDS (Control) Order 2018, again suspended the petitioner's authorization on 01.02.2025 and stopped the supply of essential commodities. Challenging of 2025 and the the same, the petitioner filed W.P.No.3580 disposed of by this Court vide order dated proceedings dated 01.02.2025 of the 3^^ respondent. same was 24.02.2025 by setting aside the d) The grievance of the petitioner in the present writ petition without there being any order of respondent authorities Hence, the present writ petition is filed. is that, suspension or cancellation of his dealership, the not releasing the essential commodities to his shop are 5 VS,J W.P.No.22847 of 2025 Heard learned counsel for the petitioner and the learned Assistant 3, Go\>ernment Pleader for Civil Supplies appearing for the respondents. Learned counsel for the petitioner submits that the respondents without 4. following the due procedure, stopped supply of essential commodities to the petitioner. Learned Assistant Government Pleader for Civil Supplies furnished a copy of instructions of the 3'^^ respondent dated 23.08.2025, wherein it is stated that on 16.07.2025, the inspecting staff visited the petitioner’s fair price shop and found certain irregularities in maintenance of stock with reference to the ePOS machine and physical stocks. Accordingly, the respondent submitted a report, and essential commodities of the petitioner’s fair price shop are being entrusted to the 5. Village Revenue Officer, Patthikaivalasa for distribution of essential commodities to the cardholders without any interruption. However, it is admitted that no order terminating the dealership or suspending or cancelling the authorization is placed on record to deny supply of essential commodities. On a perusal of the entire material available on record, it is evident that 6. the respondent authorities without passing any order of suspension or cancellation of the petitioner’s authorization stopped supply of essential commodities to the petitioner and have also seized the E-pos machine from the petitioner’s Fair Price Shop. 6 vs,j -► W.P.No.22847 of 2025 7. In this regard, it is pertinent to refer to the judgment of the Full this Court in O/ef; Tirupathamma Bench of v'. District Supply Officer (City), Visakhapatnan, and others’, wherein it was categorically held as follows: A Statutory authority, it is trite, must act within the four statute in terms of the statutory orders corners of the and procedure laid down to suspend the licence. As already noticed hereinbefore under the relevant orders have the authorities power to suspend the authorisation applying its mind and without taking J not normally permit the authorities or licence of the dealer. Without recourse thereto, the Court should unless extraordinary situation exists, to allow them to do indirectly, which they cannot do it directly. If a broad effect is laid down, the something proposition to this same, in a given case may amount to abuse while exercising its jurisdiction of the process of law. The High Court under Article 226 of the Certs,itu,ion of India, acts sentinel qui vIve and thus ,t has to protect the citizen from arbitrary and action or the executive. capricious It the licensing authority themselves upon come to the conclusion that the irregularities committed by the fair price shop dealer would warrant suspension of his licence, it may do so. But i application of mind in our considered opinion, the authority without taking recourse to the said action, cannot, refuse to supply the essential commodities. In the event an order of suspension of licence IS passed, arrangement. But. in a case of this nature, the card holders would be the worst sufferers inasmuch their supplied to them at all. the authorities will have to make an alternative essential commodities would not be 8. In the present case on hand, the respondents, without initiating cannot stop the to the petitioner. Further, they have disciplinary proceedings, if supply of essential commodities any. m accordance with law. also ' 2002(1)ALDS77 7 VS,J W.P.No.22847of2025 seized the ePOS machine of the petitioner’s Fair Price Shop, which is illegal and arbitrary in view of law laid down in the aforesaid Judgment. 9. In the light of the aforesaid facts and circumstances of the case, the respondents are hereby directed to supply the essential commodities petitioners Fair Price Shop, pending initiation/finalization of the to the disciplinary proceedings, if any, and also hand over the E-pos machine to the petitioner as expeditiously as possible, preferably within a period of one week from the date of receipt of a copy of this order. 10. 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 Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// Vj^ SECTION OFFICER To, 1. The Principal Secretary, To Government. Civil Supplies Department Secretariat, Velagapudi Amaravati, Guntur District. 2. The Joint Collector, Vizianagaram District 3. The Revenue Divisional ficer, Cheepurupalli, Vizianagaram District 4. he Tahsildar, Cheepurupalli Mandal, Vizianagaram District 5. Civil Supplies Deputy Tahsidar, Cheepurupalli Mandal District. 6. One CC to Sri. Raju Gubbala, Advocate [OPUC] Supplies, High Court of Andhra 8. Two CD Copies. at Vizianagaram Pradesh AL ■5> HIGH COURT DATED:01/09/2025 ORDER WP NO. 22847 OF 2025 ^ 2 2 SEP 2025 )|) ^^^SCurrent SectionX^^ DISPOSING OF THE W.P. WITHOUT COSTS