BOMMADEVI SURYA KUMARI v. THE STATE OF ANDHRA PRADESH
WP/32833/2025 · 2025-12-16
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39897 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39897 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010631212025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32833/2025 Between:
1. BOMMADEVI SURYA KUMARI, D/O. VENKANNA, AGED 34 YEARS, OCC- F.P. SHOP DEALER, F.P. SHOP NO.96, R/O. D.NO.29-33-42, LAKSHMIVARAPU PETA, RAJAMAHENDRAVARAM,
EAST GODAVARI DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT
2. THE DISTRICT COLLECTOR CS, EAST GODAVARI DISTRICT. 3. THE JOINT COLLECTOR CS, EAST GODAVARI DISTRICT. 4. THE DISTRICT CIVIL SUPPLY OFFICER, EAST GODAVARI DISTRICT. 5. THE SUB COLLECTOR CUM REVENUE DIVISIONAL OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARIDISTRICT. 6. THE TAHSILDAR, RAJAMAHENDRAVARAM, EAST GODAVARIDISTRICT. 7. SMT SK MUNNISA W/O BASHA, AGED MAJOR, OCC FP SHOP DEALER(96), PRESIDENT OF LAKSHMI SRI MAHILA SAKTHI SANGAM OF RAJAHMAHENDRAVARAM. R7 IS IMPLEADED AS PER THE COURT'S ORDER DT.05.12.2025 IN I.A.NO.02 OF 2025.
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...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 releasing the Essential Commodities to the petitioners F.P. Shop Dealer of F.P. shop No.96, Narayanapuram, Gopalanagar Puntha, Rajamahendravaram, East Godavari District in spite of subsisting the petitioners F.P. shop authorization is illegal and arbitrary and consequently direct the respondents to supply the commodities continuously by continuing the petitioner as F.P. Shop dealer of F.P. Shop Dealer of F.P. shop No.96 Narayanapuram, Gopalanagar Puntha, Rajamahendravaram, East Godavari District and to 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 direct the respondents to supply the Essential Commodities to the petitioners F.P. Shop Dealer of F.P. shop No.96, Narayanapuram, Gopalanagar Puntha, Rajamahendravaram, East Godavari District by continuing the PetitionersF.P. shop authorization, pending disposal of the writ petition and to pass IA NO: 2 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 permit the petitioner to implead Smt. Sk Munnisa W/o. Basha, Aged 35 years, Occ: FP Shop dealer (96), President of Lakshmi Sri Mahila Sakthi Sangam of Rajamahendravaram the proposed respondent Nos.7 as party respondent nos.7 in I.A.No.1 of 2025 in W.P.No.32833 of 2025 as well as W.P.No.32833 of 2025 pending disposal of writ petition and pass IA NO: 3 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 respondent nos.2 to 6 to supply the essential commodities to the petitioner in respect of F.P. shop No.96, R/o. D.No.29-33- 42, Lakshmivarapu peta, Rajamahendravaram , East Godavari District by restraining the respondent nos.2 to 6 releasing any commodities in favour of
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the proposed respondent no.7 in pursuant to the proceedings vide Ref.
D. 1326/2024 dt.28.09.2024 issued by the 5th respondent, pending disposal of writ petition and pass Counsel for the Petitioner:
1. N ASWARTHA NARAYANA Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following:
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THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32833/2025
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 order or direction declaring the action of the respondents in not releasing the Essential Commodities to the petitioners F.P. Shop Dealer of F.P. shop No.96, Narayanapuram, Gopalanagar Puntha, Rajamahendravaram, East Godavari District in spite of subsisting the petitioners F.P. shop authorization is illegal and arbitrary and consequently direct the respondents to supply the commodities continuously by continuing the petitioner as F.P. Shop dealer of F.P. Shop Dealer of F.P. shop No.96 Narayanapuram, Gopalanagar Puntha, Rajamahendravaram, East Godavari District.”
2. The petitioner was appointed as Fair Price Shop Dealer on a temporary basis vide proceedings Ref.D/636/2023 dated 11/2023 issued by the 5th respondent and has been running F.P. Shop No.96, Narayanapuram, Gopalanagar Puntha, Rajamahendravaram, East Godavari District. Since the date of her appointment, the petitioner has been distributing essential commodities to the card holders without any complaint from any quarter.
3. While the petitioner’s authorization is subsisting and has neither been suspended nor cancelled, the respondents suddenly stopped supplying essential commodities to the petitioner’s F.P. shop. Despite the petitioner having remitted the required amount and having submitted several representations requesting release of stock, the respondents failed to take any
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action and instead supplied commodities to third parties for distribution. Challenging which, the petitioner filed the present writ petition.
4. The 5th respondent has filed a counter-affidavit duly stating that the temporary appointment order dated Nil.11.2023 earlier issued in favour of the petitioner was withdrawn vide proceedings Ref.No.1326/2024, dated 26.09.2024, by the 5th respondent, and in pursuance thereof, one Smt Sk.Munnisha, W/o Basha, being a member of Lakshmi Sri Mahila Swasakthi Sangham, was appointed as a Fair Price Shop dealer on temporary basis for the subject shop and as such requested to dismiss the writ petition.
5. In view of the same, learned counsel for the petitioner sought permission of this Court to withdraw the present writ petition with a liberty to challenge the said proceedings dated 26.09.2024 issued by the 5th respondent.
6. Permission is accorded.
7. Accordingly, the Writ Petition is dismissed as withdrawn. The petitioner is at liberty to challenge the proceedings dated 26.09.2024. There shall be no
order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.
__________________ JUSTICE V.SUJATHA Dated 17.12.2025 JLV
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71
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 32833/2025
Dated 17.12.2025 JLV