Extracted from the PDF above. The PDF is authoritative.
APHC010712932025
IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36453/2025 Between:
1. MYLIPILLI SRINU,, S/O MASENU, AGED ABOUT 49 YEARS, OCC F.P.
SHOP DEALER OF SHOP NO.0823054, VODAREVU VILLAGE, CHIRALA MANDAL, BAPATIA DISTRICT
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY
CIVIL VELAGAPUDI, GUNTUR DIST. 2. THE JOINT COLLECTOR CS, BAPATLA DISTRICT AT BAPATLA. 3. THE REVENUE DIVISIONAL OFFICER, CHIRALA DIVISION, BAPATLA DISTRICT. 4. THE TAHSILDAR, CHIRALA MANDAL, BAPATLA DISTRICT. 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 tomay be pleased to issue a writ or direction preferably writ of mandamus declaring the action of the respondents 3 and 4 in not releasing the Essential Commodities to the petitioner in respect of FP Shop No.0823054, Vodarevu Village, Chirala Mandal, Bapatla District, without any order of suspension or cancellation and withou under AP State Targeted Public Distribution System (Control) Order,2018 apart from violation of the principles of natural justice and consequently direct the respondents to release Essential Commodities in favo usual and pass any other order this Honble Court may deem fit in the interest of Justice. 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, pleased to direct the respondents 3 & 4 to release Essential Commodities to the petitioner’s FP shop i.e., FP Shop No.0823054, Vodarevu Village, Chirala Mandal, Bapatia District, forthwith, pending disposal of the wr any other order this Hon’ble Court may deem fit in the interest of Justice Counsel for the Petitioner:
1. V V N NARAYANA RAO Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following:
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36453/2025 MYLIPILLI SRINU,, S/O MASENU, AGED ABOUT 49 YEARS, OCC F.P.
SHOP DEALER OF SHOP NO.0823054, VODAREVU VILLAGE, CHIRALA MANDAL, BAPATIA DISTRICT AND THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY
CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. THE JOINT COLLECTOR CS, BAPATLA DISTRICT AT BAPATLA.
THE REVENUE DIVISIONAL OFFICER, CHIRALA DIVISION, BAPATLA THE TAHSILDAR, CHIRALA MANDAL, BAPATLA 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 tomay be pleased to issue a writ or direction preferably writ of eclaring the action of the respondents 3 and 4 in not releasing the Essential Commodities to the petitioner in respect of FP Shop No.0823054, Vodarevu Village, Chirala Mandal, Bapatla District, without any order of suspension or cancellation and without following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order,2018 apart from violation of the principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual and pass any other order this Honble Court may deem fit in the interest of 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 respondents 3 & 4 to release Essential Commodities to the petitioner’s FP shop i.e., FP Shop No.0823054, Vodarevu Village, Chirala Mandal, Bapatia District, forthwith, pending disposal of the writ petition and pass any other order this Hon’ble Court may deem fit in the interest of Justice Counsel for the Petitioner:
V V N NARAYANA RAO Counsel for the Respondent(S):
GP FOR CIVIL SUPPLIES The Court made the following:
IN THE HIGH COURT OF ANDHRA PRADESH
[3457] MONDAY,THE TWENTY NINETH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE HARINATH.N MYLIPILLI SRINU,, S/O MASENU, AGED ABOUT 49 YEARS, OCC F.P.
SHOP DEALER OF SHOP NO.0823054, VODAREVU VILLAGE, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SUPPLIES DEPARTMENT, SECRETARIAT, THE JOINT COLLECTOR CS, BAPATLA DISTRICT AT BAPATLA. THE REVENUE DIVISIONAL OFFICER, CHIRALA DIVISION, BAPATLA THE TAHSILDAR, CHIRALA MANDAL, BAPATLA 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 tomay be pleased to issue a writ or direction preferably writ of eclaring the action of the respondents 3 and 4 in not releasing the Essential Commodities to the petitioner in respect of FP Shop No.0823054, Vodarevu Village, Chirala Mandal, Bapatla District, without any order of t following the procedure as contemplated under AP State Targeted Public Distribution System (Control) Order,2018 apart from violation of the principles of natural justice and consequently direct the ur of the petitioner as usual and pass any other order this Honble Court may deem fit in the interest of Petition under Section 151 CPC praying that in the circumstances stated in the High Court may be pleased may be pleased to direct the respondents 3 & 4 to release Essential Commodities to the petitioner’s FP shop i.e., FP Shop No.0823054, Vodarevu Village, Chirala it petition and pass any other order this Hon’ble Court may deem fit in the interest of Justice
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THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.36453 OF 2025
ORDER :
1. The petitioner is aggrieved by the action of the respondent authorities in suspending the supplies to the petitioner.
2. The learned counsel appearing for the petitioner submits that the petitioner is running a Fair Price Shop at Vodarevu Village, Chirala Mandal, Bapatla District and has received a show cause notice dated 201.12.2025, whereby the respondent framed two charges against the petitioner and the petitioner has to submit his explanation within seven days and also appear in person for personal hearing on 29.12.2025 at 11.00AM before the office of 3rd respondent.
3. It is submitted that the petitioner under the guise of issuance of a show cause notice, the respondent authorities have suspended the supply of stocks and the said act is a predetermined act to take adverse action irrespective of consideration of the explanation of the petitioner. The stoppage of supply of stocks is under oral instruction of the 3rd respondent. The said action of the respondent authorities would be highhanded before passing of the final orders.
4. The learned Assistant Government Pleader appearing for the respondent authorities submits that the petitioner would have to submit an explanation to the show cause notice and that the writ petition is premature in nature, as the petitioner instead of submitting explanation within 7 days from the date of receipt of show cause notice has rushed to this Court and the
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petitioner is also required to appear on 29.12.2025 before the 3rd respondent, however, the attempt of the petitioner to invoke the jurisdiction of this Court without complying the show cause notice would have to be considered by this Court as a willful act of the default on part of the petitioner.
5. Considering the submissions of the learned counsel for the petitioner and the Assistant Government Pleader for the respondent authorities, the 3rd respondent shall pass appropriate orders after conducting an enquiry duly taking into account the petitioner’s reply and also granting of an opportunity of hearing to the petitioner by issuance of a fresh notice of hearing to the petitioner.
6. The petitioner is also granted further time of one week to submit his explanation from the date of receipt of the order. Pending consideration of the same, the respondents 3 and 4 shall have to ensure that the Fair Price Shop of the petitioner is able to supply to the card holders pending
consideration of the explanation and passing of the final orders by the 3rd respondent.
7. Accordingly, the writ petition is disposed off. No costs.
As a sequel, miscellaneous applications, pending, if any, shall stand closed.
____________________ JUSTICE HARINATH.N KGM
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THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION No.36453 OF 2025 Dated 29.12.2025
KGM