IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 31351 OF 2024 Between: Sri Amamcharla Raghu Rami Reddy, S/o Lakshmi Narayana Reddy about 55 years. Fair Price Shop Dealer Shop No.0827002, Korisapadu Village, Korisapadu Mandal, Bapatia District. aged ...PETITIONER AND 1. The State of Andhra Pradesh, rept., by its Principal Secretary, Food and Civil Supplies Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The District Collector, Bapatia, Prakasam now Bapatia District. 3. The Joint Collector,(CS), Prakasam now Bapatia District, 4. The Revenue Divisional Officer, Chirala, Prakasam 5. The Tahsildar, Korisapadu Mandal,Korisapadu, Prakasam District. now Bapatia District, now Bapatia ...RESPONDENTS Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ of Mandamus Order or declaring the action of the Commodities to the petitioner herein, for distribution praying that in may or any other appropriate Writ, respondents not issuing Essential to the card holders Bapatia District, in attached to Korisapadu Village, Korisapadu Mandal spite of subsisting the petitioners F.P shop authorization, is illegal, arbitrary and in violation of principles of Natural Justice and contrary to the provisions of A.P. State Public Distribution System Control Order, 2018 and consequently direct the respondent Nos.4 and 5 herein Essential Commodities to the petitioner and allow him same to the petitioners F.P shop. to supply the to distribute the lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to, direct the respondents to supply Essential Commodities to the petitioner herein, and allow him to distribute the through MDU Operator to the respective card holders same under public in shop No.0827002, into Korisapadu Village, Korisapadu Mandal, Bapatia District, pending disposal of the above distribution system writ petition. Counsel for the PetitionerSRI GNANESWARA RAO MITTIREDDI Counsel for the Respondents No.1 to 5: GP FOR CIVIL SUPPLIES The Court made the following; ORDER APHC010601442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] THURSDAY,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 31351/2024 Between: Amamcharla Raghu Rami Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following Order: This writ petition is filed under Article 226 of Constitution of India seeking the following relief: “...to issue a Writ of Mandamus or any other appropriate writ, order or declaring the action of the respondents in not issuing essential commodities to the petitioner herein, for distribution to the card holders attached to Korisapadu Village, Korisapadu Mandal, Bapatia District, in spite of subsisting the w wm 2 W.P.No.31351of2024 petitioner's fair price shop authorization, is illegal, arbitrary and in violation of principles of Natural Justice and contrary to the provisions of Andhra Pradesh State Public Distribution System (Control) Order, 2018, and consequently direct the respondent Nos.4 & 5 herein, to supply the Essential Commodities to the petitioner and allow him to distribute the same to the petitioner's F.P shopand pass...” 02. The case of the petitioner is briefly as follows: The petitioner is a permanent dealer in respect of fair price shop No.0827002, Korisapadu Village, Korisapadu Mandal, Bapatia District, appointed in the year 2009. The authorization of the petitioner renewed up to 05.08.2024. While so, on 10.12.2024, due to political pressures, the 5^'" respondent, along with his subordinate staff, inspected petitioner’s fair price shop. From thereon, the respondent authorities have not been supplying essential commodities to the petitioner without passing any order of suspension/cancellation of authorization. Thus, this writ petition was filed. was 03. The learned counsel for the petitioner submitted that though the alleged variation of the stock is far below the permissible limit, the report of inspection was issued vindictively to suspend the authorization of the petitioner and finally to cancel the dealership. 04. The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions of the Enforcement Deputy Tahsildar, Korisapadu, dated 12.12.2024, as per which the variation in the stock is as follows; ^ W.P.No.31351 ot 2U24 Variation Physical Balance C.B. Issued Total Stock AS O.B. Commodity per RO (+) 50 1795 1745 7250 8995 8995 0 PDS Fortified Rice (Kgs) A perusal of the above table indicates that the variation of the stock of fortified rice is 50 Kgs. As per Clause 29 (a) of the Andhra Pradesh State Public Distribution System (Control) Order, 2018, variation up to 1.5% per month is permissible. Therefore, the permissible Variation in the present case is about 135 Kgs, whereas the variation found is only 50 Kgs. This is a case of glaring example of misuse of authority in reporting a case under Section 6-A of Essential Commodities Act, 1955, since there is no violation of the any of the provisions of the (Control) Order, 2018. Moreover, as long as the authorization of the petitioner is in force, the dealer is entitled to continue the supply of commodities subject to compliance of other conditions. 05. As such, the writ petition is disposed of directing the respondent authorities to continue to supply of the essential commodities to the petitioner on his complying the requirements for such supply, until his appointment is suspended/cancelled by following due procedure of law. There shall be no order as to costs. 06. Pending miscellaneous applications, if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// > SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Food and Civil Supplies Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. m w 2. The District Collector, Bapatia, Prakasam now Bapatia District. 3. The Joint Collector,(CS), Prakasam now Bapatia District, 4. The RevenueDivisional Officer, Chirala, Prakasamnow Bapatia District. 5. The Tahsildar, Korisapadu Mandal.Korisapadu, Prakasam now Bapatia District. 6. OneCCto SRI. GNANESWARA RAO MITTIREDDI, Advocate [OPUC] 7. TwoCCsto GP FOR CIVIL SUPPLIES, High Court of Andhra Pradesh. [OUT] 8. Three C.D.Copies nm f illl9 HIGH COURT DATED:09/01/2025 ORDER WP.No.31351 of 2024 of 2 1, JAN 2C”’) J ^ Cunenl Section *5 ''<lLSfSPATC»'®S^^ X va DISPOSING OF THE WP WITHOUT COSTS