APHC010548712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29003/2025 Between: 1. KANDHI PREMA KUMARI, W/O. NEELAMSETTI APPARAO, AGED ABOUT 27 YEARS, R/O. PEDHA VEEDHI, JAGANNADHAPURAM, JONNAVALASA, INDUSTRIAL ESTATE, VIZIANAGARAM MANDAL AND DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM DISTRICT. 4. THE TASILADAR, VIZIANAGARAM MANDAL, VIZIANAGARAM 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 to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in orally threatening the petitioner and interfering with petitioners fair price shop bearing No. 0228077 situated in Jonnalavalasa Village, Vizianagaram Mandal and District without issuing any notice and following due process of law as illegal, arbitrary, one without jurisdiction and in violation of principles of natural justice and contrary to the 2 VS,J W.P.No.29003 of 2025 provisions of Essential commodities Act, 1955 and AP state public distribution system control order, 2018 and consequently direct the respondents not to interfere with petitioners fair price shop bearing No. 0228077 situated in Jonnalavalasa Village, Vizianagaram Mandal and District without following due process of law and 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 leased to direct the respondents not to interfere with petitioners fair price shop bearing No. 0228077 situated in Jonnalavalasa Village, Vizianagaram Mandal and District without following due process of law pending disposal of the writ petition and pass Counsel for the Petitioner: 1. KANAKALA DEVI PRASANNAKUMAR Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.29003 of 2025 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in orally threatening the petitioner and interfering with petitioners fair price shop bearing No. 0228077 situated in Jonnalavalasa Village, Vizianagaram Mandal and District without issuing any notice and following due process of law as illegal, arbitrary, without jurisdiction and in violation of principles of natural justice and contrary to the provisions of Essential Commodities Act, 1955 and AP state public distribution system control order, 2018 and consequently direct the respondents not to interfere with petitioner’s fair price shop bearing No. 0228077 situated in Jonnalavalasa Village, Vizianagaram Mandal and District.…” 2. The petitioner was appointed as a temporary Fair Price Shop dealer of Shop No.0228077, Jonnalavalasa Village, Vizianagaram Mandal and District by the 3rd respondent vide proceedings Rc.No.403/2025/A1, dated 11.04.2025. Since the date of her appointment, the petitioner has been distributing essential commodities to the card holders without there being any complaints or allegations from any corner. 3. The grievance of the petitioner is that the 4th respondent along with his staff visited the petitioner’s shop and allegedly threatened and interfered with the business activities of the petitioner’s Fair Price Shop without following due process of law. 4. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4 VS,J W.P.No.29003 of 2025 5. Learned Assistant Government Pleader for Civil Supplies, on oral instructions, stated that there is no such threat or interference by the respondent officials in the petitioner’s Fair Price Shop. But, however, in view of the proceedings issued by the Collector directing all the concerned officials not to interfere in the functioning of Fair Price Shops where cases are pending before the Honourable High Court regarding appointment of permanent dealers by way of issuing a notification, it appears that the petitioner has approached this Court only merely on the presumption that a notification will be issued in respect of her shop. 6. The said instructions establish the fact that the petitioner, without there being any cause of action, has approached this Court. 7. In view of the above, the Writ Petition is disposed of directing the respondents to supply essential commodities to the petitioner till any further notification is issued for appointment of a permanent dealer to the said shop or till any disciplinary proceedings are initiated against the petitioner. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 31.10.2025 KGR