APHC010574642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29764/2025 Between: 1. MOSIN SELF HELP GROUP, REP.BY ITS PRESIDENT, SMT.M.AYESHA W/O M.NIJAMUDDIN, AGE 28 YEARS, OCC F.P. SHOP DEALER FOR SHOP NO. 1082002, BEEDI COLONY, PUNGANURTOWN AND MANDAL, CHITTOOR DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DIST. 2. THE JOINT COLLECTOR CS, CHITTOOR DIST., AT CHITTOOR. 3. THE REVENUE DIVISIONAL OFFICER, PALAMANER DIVISION, CHITTOOR DIST. 4. THE TAHSILDAR, PUNGANUR MANDAL, CHITTOOR DIST. ...RESPONDENT(S): 2 VS,J W.P.NO.29764 OF 2025 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 topleased to issue a writ direction preferably writ of mandamus declaring the action of the respondents 3 and 4 in not supplying the Essential Commodities to the petitioners shop for distribution to the card holders in respect of Shop No. 1082002, Beedi Colony, Punganur Town and Mandal, Chittoor Dist., without there being any order of suspension or cancellation is illegal, arbitrary and violation of the provisions of AP State Targeted Public Distribution System (Control) Order,2018 and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual 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 pleased to Direct the respondents 3 & 4 to release the Essential Commodities to the petitioner’s FP shop i.e., No.1082002, Beedi Colony, Punganur Town & Mandal, Chittoor Dist., by permitting to run the shop as usual, pending disposal of the writ petition. Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.NO.29764 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a writ direction preferably writ of mandamus declaring the action of the respondents 3 and 4 in not supplying the Essential Commodities to the petitioners shop for distribution to the card holders in respect of Shop No. 1082002, Beedi Colony, Punganur Town and Mandal, Chittoor Dist., without there being any order of suspension or cancellation is illegal, arbitrary and violation of the provisions of AP State Targeted Public Distribution System (Control) Order, 2018 and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual...” 2. Brief facts of the case of the petitioner is that:- a. The petitioner was appointed as a fair price shop dealer for shop No.1082002 situated at Beedi Colony, Punganur Town and Mandal, Chittoor District vide proceedings issued by the 3rd respondent dated 20.08.2022. Thereafter, the petitioner has been supplying essential commodities to the cardholders without there being any complaint from any corner. b. While things stood thus, on 12.09.2025, the Deputy Tahsildar, Office of the DSO, Chittoor, along with Mandal Revenue Inspector and the Village Revenue Officer, inspected the shop and found a variation of (-)3125 kgs less in the stock of PDS rice. 4 VS,J W.P.NO.29764 OF 2025 c. The case of the petitioner is that, while taking charge as a temporary dealer from the previous permanent fair price shop dealer, the petitioner was handed over only 85 kgs of PDS rice and 1052 kgs of Midday Meal rice. However, based on the e-pos machine, the stock balance of PMRGY rice was showing as 3125 kgs, which was not actually available on the ground. Though the petitioner had requested the authorities to close the balance stock shown in e-pass machine, the authorities did not update the online stock details and taking advantage of the same, the 3rd respondent issued a show cause notice on 07.10.2025 calling for explanation within seven (07) days from the date of receipt of the notice, for which, the petitioner has submitted an explanation dated 09.10.2025, clearly stating the reasons, for the said variation in stock. 3. The grievance of the petitioner is that instead of initiating disciplinary proceedings against the petitioner, the respondent authorities have stopped the supply of essential commodities to the petitioner’s fair price shop. On the other hand, the Village Revenue Officer has been distributing essential commodities to the cardholders. Challenging which, the present writ petition is filed. 5 VS,J W.P.NO.29764 OF 2025 4. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 5. The learned Assistant Government Pleader for Civil Supplies has furnished a copy of the written instructions issued by the 3rd respondent vide Roc. E/2398/2025 dated 29.10.2025, wherein it is admitted that, pursuant to the report of the Tahsildar, Punganur Mandal, dated 15.09.2025, a show cause notice dated 07.10.2025 was issued calling for an explanation from the petitioner. It is also submitted that, though the petitioner has submitted an explanation, no further action has been initiated, and the matter is still pending consideration before the respondents. In view of the fact that, till date, neither the authorization of the petitioner has been suspended nor cancelled, the petitioner’s case is involved by the full bench judgment of this Court. 6. Earlier, a similar question came up before the Full Bench of High Court of Andhra Pradesh in Oleti Tirupathamma’s case (1 supra) wherein the Court held as follows – “A statutory authority, it is trite, must act within the four corners of the statute in terms of the statutory orders and procedure laid down to suspend the licence. As already 6 VS,J W.P.NO.29764 OF 2025 noticed hereinbefore, the authorities under the relevant orders have power to suspend the authorisation or licence of the dealer. Without applying its mind and without taking recourse thereto, the Court should not normally permit the authorities, unless extraordinary situation exists, to allow them to do something indirectly, which they cannot do it directly. If a broad proposition to this effect is laid down, the same, in a given case may amount to abuse of the process of law. The High Court while exercising its jurisdiction under Article 226 of the Constitution of India, acts sentinel qui vive and thus it has to protect the citizen from arbitrary and capricious action of the executive. If the licensing authority themselves upon application of mind come to the conclusion that the irregularities committed by the fair price shop dealer would warrant suspension of his licence, it may do so. But, in our considered opinion, the authority without taking recourse to the said action, cannot, refuse to supply the essential commodities. In the event an order of suspension of licence is passed, the authorities will have to make an alternative arrangement. But, in a case of this nature, the card holders would be the worst sufferers inasmuch their essential commodities would not be supplied to them at all.” 7. In view of the law laid down by Full Bench of High Court of Andhra Pradesh in the aforesaid judgment, this Court is of the opinion that the action of the respondents is illegal and arbitrary. 7 VS,J W.P.NO.29764 OF 2025 Therefore, the respondents are directed to supply essential commodities to the petitioner by allowing him to distribute the same to the card holders, allotted to his fair price shop, till his dealership is terminated or till passing an order under Clause 8(4) of the Control Order, 2018. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :03.11.2025 LSP 8 VS,J W.P.NO.29764 OF 2025 184 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29764/2025 03.11.2025 LSP