APHC010440612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 05^?" SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22412 OF 2025 Between: Palagiri Nagalakshmi, W/o. Palagiri Sudheer Raju, Aged about 41 Years, Occ. t Permanent dealer of Fair Price Shop dealer of shop No. 1147013, R/o.1/3, Sambepalli, Sambepalli Mandal, Annamayya District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary to Government, Civil Supplies Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Annamayya District, Rayachoty. 3. The Revenue Divisional Officer, Rayachoti, Annamayya District 4. The Tahsildar, Sgmbepalli Mandal, Annamayya District. 5. The Deputy Tahsildar, Civil Supplies, M.L.S Point, Rayachoti Mandal Annamayya 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 under Article 226 of the constitution of India, more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in not allotting the commodities, to me inspite of the lapse of suspension ordered vide proceedings, dated 25.07.2025 issued by the Respondent No.3 as arbitrary and illegal, contrary to objectives of the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Orders, 2018 and contrary to the well-established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 21 and 300-A of the Constitution of India and consequently direct the respondents to continue me as the fair price shop dealer and allot commodities for distribution. 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 may be pleased to allot commodities in my favor for distribution by suspending the disciplinary prqceedings initiated against me, pending disposal of the above Writ Petition. lA NO: 2 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 not appoint any other fair price shop dealer in my place for the subject shop, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI PAPUDIPPU SASHIDAR REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010440612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22412/2025 Between: 1.PALAGIRI NAGALAKSHMI, W/0. PALAGIRI SUDHEER RAJU, AGED ABOUT 41 YEARS, OCC. PERMANENT DEALER OF FAIR PRICE SHOP DEALER OF SHOP NO. 1147013, R/0.1/3, SAMBEPALLI, SAMBEPALLI MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL CIVIL SUPPLIES SECRETARY TO GOVERNMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT, RAYACHOTY. 3.THE REVENUE DIVISIONAL OFFICER, RAYACHOTI ANNAMAYYA DISTRICT, 4.THE TAHSILDAR, SAMBEPALLI MANDAL ANNAMAYYA DISTRICT. 5.THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, M.L.S POINT, RAYACHOTI MANDAL, ANNAMAYYA DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.No.22412 of2025 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 tomay be pleased to issue an appropriate Writ, Order or direction under Article 226 of the constitution of India, more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in not allotting the commodities to me inspite of the lapse of suspension ordered vide proceedings, dated 25.07.2025 issued by the Respondent No.3 as arbitrary and illegal, contrary to objectives of the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Orders, 2018 and contrary to the well-establish ed legal principles apart from being violative of the Constitutional rights guaranteed to me under Articles 21 and 300-A of the Constitution of India and consequently direct the respondents to continue me as the fair price shop dealer and allot commodities for distribution and pass such 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 may be pleased to allot commodities in my favor for distribution by suspending the disciplinary proceedings initiated against me, pending disposal of the above Writ Petition and pass such lA NO: 2 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 not appoint any other fair price Shop dealer in my place for the subject shop, pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: 1.PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following; fundamental and 3 VS,J W.P.No.22412 of2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief;- issue an appropriate Writ, Order or direction under Articie 226 of the constitution of India, more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in not allotting the commodities to the petitioner inspite of the lapse of suspension ordered vide proceedings dated 25.07.2025 issued by the Respondent No. 3 as arbitrary and illegal, contrary to objectives of the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Orders, 2018 and contrary to the well-established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 21 and 300-A of the Constitution of India and consequently direct the respondents to continue me as the fair price shop dealer and allot commodities for distribution and pass such other order or orders....” 2. The petitioner was appointed as permanent dealer of the fair price shop situated in Sambepalli Village and Mandal, Rayachoti Division at shop No.1147013 in the year 2018, and has been running the fair price shop without any complaints either from the cardholders or from the concerned authorities. 4 > VS,J W.P.No.22412 of2025 3. While the matter being so, the 3™ respondent issued in Ref.No.C/482/2024, dated 05.07.2024, the petitioner. Aggrieved by which, the W.P.No.4003 of 2025. The said dated 24.02.2025 setting aside the issued by the 3^^ respondent. proceedings suspending the authorization of petitioner was constrained to file writ petition was allowed vide orders suspension order dated 05.07.2025 4. While the matter being stood thus again visited the petitioner’s shop and found on 11.07.2025, the respondents no variation in the stocks. Surprisingly, they issued a show cause notice stock variation and directing the petitioner to submit his before 31.07.2025 on 24.07.2025 alleging explanation on or as to why her authorization should not be For which, the petitioner submitted her suspended, explanation on 31.07.2025. In spite of the same no further action has been initiated by the as respondents. Further, without there being any order of suspension cancellation of her dealership, the respondent authorities or are not releasing the essential commodities to her shop. Hence, the present writ petition is filed. 5. Heard Sri P.Sashidar Reddy, learned counsel for the the learned Assistant Government Pleader respondents. petitioner and for Civil Supplies for the 6. Learned counsel for the petitioner while reiterating the contentions, placed reliance on the decision of Full Bench reported in O/ef# 5 VS,J W.P.No.22412 of2025 Tirupathamma v. District Suppiy Officer (City) Visakhapatnam and others^ in support of his contention. Qn the strength of the principle laid down in the above judgment, learned counsel for petitioner requested this Court to direct the respondents to allow the petitioner to run her fair price shop and to supply essential commodities to the cardholders. 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. 6. 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 - 7. “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 Full Bench of High Court of Andhra Pradesh in the aforesaid judgment, this Court is of the opinion that the action of the respondents is illegal and arbitrary. Therefore, the respondents are directed to supply essential commodities to the 8. '2002 (1) ALD 577 -7 6 \fS,i W.P.No.22412 of2025 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. Accordingly, the Writ Petition is disposed of. There shall be no 9. order as to costs. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. Sd/- N NAGAMWIA ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary to Government, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Annamayya District, Rayachoty. 3,. The Revenue’Divisional Officer, Rayachoti, Annamayya District, 4. The Tahsildar, Sambepalli Mandal Annamayya District. 5. The Deputy Tahsildar, Civil Supplies, M.L.S Point, Rayachoti Mandal, Annamayya District. 6. One CC to Sri Papudippu Sashidar Reddy, Advocate [OPUC] 7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 8. Two CD Copies RAM fK HIGH COURT DATED:30/08/2025 ORDER WP NO. 22412 OF 2025 X ri SEP 2825 ^ Current Section «o DISPOSING OF THE WP WITHOUT COSTS