APHC010586212024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 30653/2024 Between: Avula Mareppa The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. S M SUBHAN Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES The Court made the following: ORDER This Writ Petition under Article for the following relief: “…..to issue a writ o nature of writ of mandamus respondent No.5 in seizing the stock from IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 30653/2024 ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: Counsel for the Respondent(S): GP FOR CIVIL SUPPLIES The Court made the following: This Writ Petition under Article 226 of Constitution of India is order or direction more particularly one in the writ of mandamus declaring the action of the in seizing the stock from fair price shop [3311] ...PETITIONER ...RESPONDENT(S) 226 of Constitution of India is filed rder or direction more particularly one in the declaring the action of the fair price shop No. 2 BSB, J W.P.No.30653 of 2024 1302022 of Kolmanpeta village of Kosigi Mandal, Kurnool District belongs to the petitioner is liable to be set aside as unjust and illegal contrary to well established principles of law without jurisdiction violative of principles of natural justice violative of Art 14, 16 and 21 of the Constitution of India violative of the provisions of Civil Supplies Act and by consequently direct the respondents herein to allot the stock for the month of December, 2024 and continuously to the fair price shop No.1302022 of Kolmanpeta village of Kosigi Mandal, Kurnool Dist forthwith and to pass order….” 2. The case of the petitioner is as follows:- The petitioner was appointed as a dealer of fair price shop No.1302022, Kolmanpeta village of Kosigi Mandal, Kurnool District since 2008. On 11.12.2024, R.I.Sriramulu/5th respondent and the VRO Srinivasulu came to the fair price shop of the petitioner. Without giving any notice to the petitioner, seized the stock. The petitioner was deeply distressed by the incident. On 16.12.2024, the respondent authorities failed to allot stock to the petitioner. As there was no response, the petitioner deposited amount for release of the stock for the month of December 2024. But, the respondent authorities are not releasing the stock for distribution. Hence, this writ petition is filed. 3. The learned Assistant Government Pleader placed on record the written instructions of Tahsildar, Kosigi Mandal, Kurnool District. It is mentioned that on 11.12.2024, when the authorities visited the shop of the petitioner, they found variation in the stock as follows: 3 BSB, J W.P.No.30653 of 2024 Sl. No. Commodity OB Received stock in kgs Total stock in kgs Sales in Kgs E- POS stock in Kgs Physical stock in Kgs Variation in Kgs/Packets Variation in % 1 PDS rice 2.86 90.00 113.86 90.05 23.81 0.00 23.81 20.92 2 Sugar 1.02 2.50 3.52 2.55 0.94 0.50 0.47 13.77 3 Dal 0.12 6.00 6.12 5.21 0.91 0.75 0.16 3.71 4 Jowar 0.27 5.00 5.27 4.85 0.42 0.00 0.42 7.97 5 Ragi 6.14 0.00 6.14 0.00 6.14 0.00 6.14 100.0 Therefore, he submitted that the stock was seized in view of the variation. However, he submitted that so far no notice has been served nor was any order suspending or cancelling the dealership of the petitioner passed. 4. A perusal of the above table of contents indicate that the petitioner is a petty dealer handling small quantities of stock. As there is no order so far passed suspending or cancelling the dealership of the petitioner, the petitioner is entitled to receive the commodities for supply on complying the other requirements as per the procedure. 5. As such, the writ petition is disposed of directing to supply the commodities and release the stock seized to the petitioner, subject to action if any is to be taken as per law. There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Dated :06.01.2025 GRL 4 BSB, J W.P.No.30653 of 2024 164 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 30653 of 2024 Date: 06.01.2025. GRL