If 1 IN THE HIGH COURT OF ANDHRA PRADESH ;: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTiCE B S BHANUMATHi WRIT PETITION NO: 28042 OF 2024 Between: Gopireddy Subba Reddy, S/o Sanjeeva Reddy, Age 61 years. Permanent F.P Shop dealer of F.P Shop No.1115101 D.No.1-163 Proddutur Mandal, Y.S.R Kadapa District, Andhra Pradesh State. Gopavaram Village, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principle Secretary, Consumer Affairs and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, Y.S.R Kadapa District, Andhra Pradesh. 3. The Joint Collector, Y.S.R Kadapa District at Kadapa, Andhra 4. The District Supply Officer, Y.S.R Kadapa District at Kadapa. 5. The Revenue Divisional Officer, Jammalamadugu Revenue Division Jammalamadugu, Y.S.R Kadapa District, Andhra Pradesh. 6. The Tahsildar, Poddutur, Y.S.R Kadapa District, Andhra Pradesh. ...RESPONDENTS praying that in Pradesh. at Petition under Article 226 of the Constitution of India 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 that respondents not supplying the essential commodities to the petitioner fair price shop No.1115101 of the Gopavaram Village, Proddutur Mandal. Y.S.R Kadapa District, without there being the any suspension or cancellation or resignation of authorisation is illegal, arbitrary and violations of principles of natural justice and public distribution system (control) order 2018 and previous control orders, and also violation Articles 14, the Constitution of India, consequently direct the respondents to essential commodities to the petitioner fair price shop fair price shop No.1105101 of the Gopavaram Village, Proddutur Mandal District by considering the representation dated 09.11.2024 by enabling him to supply to the card holders. lA NO: 1 OF 2024 19 & 21 of supply the Y.S.R Kadapa 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 5*^" respondent to consider the representation of the petitioner dated 09.11.2024 and to supply the essential commodities to the petitioner fair price shop No.1115101 of the Gopavaram Village, Proddutur Mandal, Y.S.R Kadapa District, pending disposal of the Petition. above Writ Counsel for the Petitioner: SRI DASARI S.V.V.S.V. PRASAD Counsel for the Respondent No. 1: ASST.GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos. 2 to 6: GP FOR REVENUE The Court made the following: ORDER L-( APHC010536442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 28042/2024 Between: ...PETITIONER Gopireddy Subba Reddy AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR CIVIL SUPPLIES The Court made the following: 2 BSB,J W.P.No.28042 of 2024 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 28042/2024 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 that the respondents not supplying the essential commodities to the petitioner fair price shop No. 1115101 of the Gopavaram Village, Proddutur Mandal, Y.S.R Kadapa District, without there being any suspension or cancellation or resignation of authorization is illegal, arbitrary and violations of principles of natural justice and A.P. State Targeted Public Distribution System (Control) Order, 2018 and previous control orders, and also violation articles 14, 19 and 21 of the Constitution of India, consequently direct the respondents to supply the essential commodities to the petitioner fair price shop fair price shop No.1105101 of the Gopavaram Village, Proddutur Mandal, Y.S.R Kadapa District by considering the representation dated 09.11.2024 by enabling him to supply to the card holders and to pass such other order/s ” Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 2. 3 BSB, J W.P.No.28042 of 2024 The case of the petitioner, in brief, is as follows: 3. The petitioner was appointed as a fair price shop dealer for shop Gopavaram village,Proddutur Mandal, Y.S.R. Kadapa No.1115101 District. From the year 12.10.1987, the petitioner has been distributing While so, the the commodities to the public without any remarks, authorities cancelled and suspended the petitioner’s respondent authorization of the fair price shop on the ground that he is unwell, irregularitios and complaints, without conducting proper enquiry. Without following due process of law, denying to supply though there are no the essential commodities is illegal. Divisional Officer, instructions of Revenue 4. On written Jammalamadugu, dated 07.12.2024, the learned Assistant Government Pleader for Civil Supplies, representing the respondents submitted that the petitioner had voluntarily submitted his resignation on 25.07.2024 to permanent fair price shop dealership of FP Shop No.1115101 of Gopavaram Village, Proddatur Mandal, due to ill health and there in other reason and no influence over his tendered resignation. Since, as on date, the alleged resignation has not been accepted, of essential commodities cannot be denied as long as the 5. supply authorization is in force. 6. In the result, the Writ Petition is disposed of, with a direction to the respondents to supply the essential commodities to the petitioner and allow the petitioner to continue as FPS dealer for which he has licence, if he complies other formalities in the regular course. 4 BSB,J W.P.No.28042 of 2024 There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, Consumer Affairs and Civil Supplies Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Y.S.R Kadapa District, Andhra Pradesh. 3. The Joint Collector, Y.S.R Kadapa District at Kadapa, Andhra Pradesh. 4. The District Supply Officer, Y.S.R Kadapa District at Kadapa. 5. The Revenue Divisional officer, Jammalamadugu Revenue Division at Jammalamadugu, Y.S.R Kadapa District, Andhra Pradesh. 6. The Tahsildar, Poddutur, Y.S.R Kadapa District, Andhra Pradesh. 7. One CC to Sri Dasari S.V.V.S.V.Prasad, Advocate [OPUC] 8. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. To. 10. gi HIGH COURT DATED:27/01/2025 ORDER § 2 1 FEB 2025 \ ^ . Current Section * ^ WP.No.28042 Of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS