1 VS,J W.P.No.24057 of 2025 APHC010473542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24057/2025 Between: 1. K N PUSHPALATHA, W/O C.VENKATESH, AGED 52 YEARS. PERMANENT FAIR PRICE SHOP DEALER OF SHOP NO. 1263019, K.BYADGERI VILLAGE, ROLLA MANDAL, SRI SATHYA SAI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD CIVIL SUPPLIES DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. 2. THE JOINT COLLECTOR CIVIL SUPPLIES, PUTTAPARTHI, SRI SATHYA SAI DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, PENUKONDA, SRI SATHYA SAI DISTRICT 4. 4. THE TAHSILDAR, ROLLA MANDAL, SRI SATHYA SAI 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 a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of Respondents in seeking to stop supply of essential commodities to the petitioner without issuing any show cause notice and without passing any order either suspending or 2 VS,J W.P.No.24057 of 2025 cancelling the dealership of the petitioner, as illegal and arbitrary and to consequently direct the Respondents to forthwith continue to supply essential commodities to the petitioner and allow her to function as Fair Price Shop Dealer of F.P.Shop No. 1263019 of K.Byadgeri Village, Rolla Mandal, Sri Sathya Sai District, by regularly supplying essential commodities and pass 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 pleased to issue interim directions to the Respondents to allow the petitioner to continue Fair Price Shop Dealer of F.P.Shop No. 1263019 of K.Byadgeri Village,as 10 Rolla Mandal, Sri Sathya Sai District, by regularly supplying essential of 2025 and pass Counsel for the Petitioner: 1. N RANGA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.24057 of 2025 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.24057 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of Respondents in seeking to stop supply of essential commodities to the petitioner without issuing any show cause notice and without passing any order either suspending or cancelling the dealership of the petitioner, as illegal and arbitrary and to consequently direct the Respondents to forthwith continue to supply essential commodities to the petitioner and allow her to function as Fair Price Shop Dealer of F.P.Shop No.1263019 of K.Byadgeri Village, Rolla Mandal, Sri Sathya Sai District by regularly supplying essential commodities and pass such other order or orders…” 2. The petitioner was appointed as a Fair Price Shop dealer for shop No.1263019, K.Byadgeri Village, Rolla Mandal, Sri Sathya Sai District vide Rc.No.2135/2001 dated 23.07.2001. The said authorization has been extended thereafter and the petitioner has been running a fair price shop without there being any complaint from any corner. 3. While the matter being so, when the petitioner was pressurized for resignation by the concerned authorities, the petitioner approached this Court by way of filing W.P.No.18337 of 2024. The said writ petition was allowed by this Court on 21.08.2024 directing the respondent authorities to supply the essential commodities to the petitioner on her complying the requirements for such supply, until her appointment is terminated by following due procedure of law. However, 4 VS,J W.P.No.24057 of 2025 with an intention to remove the petitioner, the respondent authorities have conducted inspection on the petitioner’s Fair Price Shop on 02.09.2025 and falsely showed certain variations. But the grievance of the petitioner is that without there being any show cause notice calling for an explanation from the petitioner on the variations alleged to have been found on 02.09.2025 during the course of inspection, the respondents have stopped supplying essential commodities to the petitioner’s Fair Price Shop. Aggrieved thereby, the petitioner filed the present writ petition. 4. Heard Sri. N.Ranga Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies for the respondents. 5. Learned counsel for the petitioner while reiterating the contentions, placed reliance on the decision of Full Bench reported in Oleti Tirupathamma v. District Supply Officer (City) Visakhapatnam and others1 in support of his contention. On 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. 6. Learned Assistant Government Pleader for Civil Supplies has also admitted the fact that as of now, except conducting inspection on 02.09.2025, no further disciplinary action has been initiated as against the petitioner. 1 2002 (1) ALD 577 5 VS,J W.P.No.24057 of 2025 7. 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 – “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”. 8. 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 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. 9. Accordingly, 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. ____________________ JUSTICE V.SUJATHA Date :11.09.2025 JLV