a ' ^ ,A APHC010460372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF SEPTEMBER - TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23654 OF 2025 Between: Smt. Katakam Lakshmi Devi, W/o Rama Mohan Rao, aged 53 years, Occ Fair Price Shop Dealer, R/o Epurupalem Village, Chirala Mandal, Bapatia District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplied Department, Velagapudi, Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Chirala, Bapatia District. 3. The Tahsildar, Chirala Mandal, Bapatia 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 a Writ of Mandamus or any other appropriate Writ Order or direction, declaring the action of the respondents in not supplying essential commodities to petitioners Fair Price Shop No. 0823011 of Epurupalem Village, Chirala Mandal, Bapatia District, as illegal and arbitrary and issue consequential direction to the respondents to supply essential commodities to petitioners Fair Price Shop No. 0823011 of Epurupalem Village, Chirala Mandal, Bapatia District, forthwith. 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 essential commodities to petitioner’s Fair Price Shop No. 0823011 of Epurupalem Village, Chirala Mand^ Bapatia District, pending disposal of the above Writ Petition and pass sucn Counsel for the Petitioner: SRI D KRISHNA MURTHY Counsel for the Respondent Nos.1 to 3: GP FOR CIVIL SUPPLIES The Court made the following order; APHC010460372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23654/2025 Between: 1.SMT. KATAKAM LAKSHMI DEVI, W/0 RAMA MOHAN RAO, AGED 53 YEARS, OCC FAIR PRICE SHOP DEALER, R/0 EPURUPALEM VILLAGE, CHIRALA MANDAL, BAPATLA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIED DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE REVENUE DIVISIONAL OFFICER, CHIRALA, BAPATLA DISTRICT. 3.THE TAHSILDAR, CHIRALA MANDAL, BAPATLA 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 in not supplying essential commodities to petitioners Fair Price Shop No. 0823011 of Epurupalem Village, Chirala Mandal, Bapatia District, as illegal and arbitrary and issue consequential direction to the respondents to supply essential commodities to petitioners Fair Price Shop No. 0823011 of Epurupalem Village, Chirala Mandal, Bapatia District, forthwith and pass such lA NO: 1 OF 2025 2 VS,J W.P.No.23654 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 petitioner’s Fair Price Shop No. 0823011 of Epurupalem Village, Chirala Mandal, Bapatia District, pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: 1.D KRISHNA MURTHY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.23654of2025 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 direction, declaring the action of the respondents in not supplying essential commodities to petitioner’s Fair Price Shop No. 0823011 of Epurupalem Village, Chirala Mandal, Bapatia District, as illegal and arbitrary and issue consequential direction to the respondents to supply essential commodities to petitioner’s Fair Price Shop No.0823011 of Epurupalem Village, Chirala Mandal, Bapatia District, foiihwith....'' or 2. The case of the petitioner, in brief, is as follows: a) The petitioner was appointed as a permanent Fair Price Shop dealer of Shop No.0823011 of Epurupalem Village, Chirala Mandal, Bapatia District in the year 2003. Since the date of her appointment, the petitioner has been distributing essential commodities to cardholders without any complaint either from the cardholders or the concerned authorities. The said authorization has been renewed from time to time and is valid up to the year 2026. b) While the matter being so, due to political pressure, on 03.07.2025, the inspecting officials. Enforcement Deputy Tahsildar, Chirala and the V.R.O,, Epurupalem-3 have inspected the petitioner’s Fair Price Shop. During the said inspection, no irregularities were found, and the physical stock position matched the balances recorded in the EPOS machine. However, despite there being no discrepancies in the stock the inspecting officials prepared a mediatornama alleging an excess stock of 377 kgs of fortified and a shortage of 5 packets of sugar (each 1/2 kg). Subsequently, rice on 4 VS,J i W.P. No. 23654 of 2025 04.07.2025, the Enforcement Deputy Tahsildar, Chirala submitted a report to nd respondent recommending disciplinary action against the petitioner. Based on the said report, the 2^^ respondent issued a show-cause notice on the 2 07.07.2025, framing one charge against the petitioner and directed her to submit an explanation within seven (7) days. For which, the petitioner submitted her explanation within the stipulated time denying the charge leveled against her. c) The grievance of the petitioner is that, though the petitioner submitted her explanation within the stipulated time, the respondents have not taken any action on the said explanation; however, the respondents stopped the supply of essential commodities to her shop without there being any suspension or cancellation of petitioner’s authorization, which is illegal, arbitrary and contrary to the provisions of A.P. State Targeted Public Distribution (Control) Order 2018. Challenging the said action of the respondents, the present writ petition is filed. Heard learned counsel for the petitioner and the learned Assistant 3. Government 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. On the other hand, learned Assistant Government Pleader for Civil 5. nd Supplies furnished a copy of the instructions issued by the 2 5 ‘ < \/S,J W.P.No.23654of2025 respondent/Revenue Divisional Officer, Chirala, wherein it is stated that the 2 respondent, vide letter dated 07.08.2025, directed the Tahsildar, Chirala to nd conduct an enquiry into the matter and submit a factual report in order to conclude the disciplinary action against the petitioner. However, the enquiry report from the Tahsildar has not yet been received. Upon receipt of the enquiry report from the Tahsildar, the disciplinary proceedings against the petitioner will be concluded. 6. On a perusal of the entire material available on record, it is evident that the respondent authorities, without passing any order of cancellation of the petitioner’s authorization, stopped the supply of essential commodities to the petitioner’s Fair Price Shop. suspension or 7. 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: 'A statutory authority, it is trite, must act within the four corners of the statute in terms of the statutory orders and procedure laid down to suspend the licence. /\s already noticed hereinbefore, the authorities under the relevant orders have power to suspend the authorisation licence of the dealer. or Without applying its mind and without taking recourse thereto, the Court should not normally permit the authorities, unless extraordinary situation exists, to allow them to do something indirectly, which they cannot do it directly. If a broad proposition to this effect is laid down, the same, in a given case may amount to abuse of the process of law. The High Court while exercising its jurisdiction under Article 226 of the Constitution of India, acts sentinel qui vIve and thus it has to protect the citizen from arbitrary and capricious 2002 (1) ALD 577 6 VSJ W.P. No. 23654 of 2025 action of the executive, if the licensing authority themselves upon application of mind 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, 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, the authorities will have to make an alternative arrangement. But, in a case of this nature, the card holders would be the worst sufferers inasmuch their essential commodities would not be supplied to them at all. In the present case on hand, the respondents, without initiating any disciplinary proceedings in accordance with law, cannot stop the supply of essential commodities to the petitioner, which is illegal and arbitrary in view of the law laid down in the aforesaid Judgment. 8. 9. In the light of the above facts and circumstances of the case, since no disciplinary action has been initiated against the petitioner, the respondents are hereby directed to supply essential commodities to the petitioner’s Fair Price Shop and allow her to distribute them to the cardholders until any disciplinary action has been initiated as against the petitioner. 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 closed. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Chirala, Bapatia District. 3. The Tahsildar, Chirala Mandal, Bapatia District. 4. One CO to SRI. D KRISHNA MURTHY Advocate [OPUC] 5. Two CCs to GP FOR CIVIL SUPPLIES High Court of Andhra Pradesh [OUT] 6. Two CD Copies. Civil Supplied Department, Velagapudi, AL s • \ HIGH COURT DATED:08/09/2025 ORDER WP NO. 23654 OF 2025 SI 2'! SEP 2025 ; o» ' DISPOSING OF THE W. P. WITHOUT COSTS