IN THE HIGH COURT OF ANDHRA PRADESH ;; (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B. S. BHANUMATHI WRIT PETITION NO: 1606 OF 2025 ^ AMARAVATI O o Between: Modapu Leelavathi, W/o. M. Ramakrishna Reddy, Aged Occ; Fair Price Shop Dealer, R/o. D.No. Mundy Bazar, Kadiri Town, Sri Satya Sai District. about 60 years 15-495, Church Street, Kutagulla, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary Suppiies Department, Secretariat Buildings, Veiagapudi, Guntur District. 2. The Joint Coiiector, Sri Satya Sai District, Puttaparthi 3. The Revenue Divisional Officer, Kadiri Revenue Division Satya Sai District 4. The Tahasildar, Kadiri Urban Mandal, Kadiri. 5. The Deputy Tahsildhar (Civii Supplies), Kadiri, Sri Satya 6. The Circie inspector. Vigilance (CS), Sri Satya Sai District. Civil Kadiri, Sri Sai District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to pass may an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondents No.4 to 6 in locking (seizing) the fair Village of Kadiri Mandal and also price shop No. 1282022 of Kutagulla seizing E-Pos Machine allotted to 07.01.2025 through the Panchanama, dated 07.01.2025 and not supplying the essential commodities to whatsoever since 07.01.2025 me on me for public distribution without any reason as arbitrary, illegal, colourable exercise of power apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to unlock the Fair Price Shop No. 1282022 of Kutagulla Village of Kadiri Mandal and also release the E-Pos Machine allotted to me and also to permit me to supply the essential commodities for public distribution, without following due process of law. lA 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 to direct the respondents to permit me to supply tl)e essential commodities for public distribution at fair price shop No. 1282022 of Kutagulla Village of Kadiri Mandal and not to interfere in the same without following due process of law. Counsel for the Petitioner:SRI B.ABHAYSIDDHANTHMOOTHA Counsel for the Respondent Nos.1,5 & 6: GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos.2,3 & 4: GP FOR REVENUE The Court made the following: ORDER ^r’HCOI 0030632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1606/2025 Between: 1.MODAPU LEELAVATHI, W/0. M. RAMAKRISHNA REDDY, AGED ABOUT 60 YEARS, OCC. FAIR PRICE SHOP DEALER, R/0. D.NO. 15-495, CHURCH STREET, KUTAGULLA, MUNDY BAZAR. KADIRI TOWN, SRI SATYA SAI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE JOINT COLLECTOR, SRI SATYA SAI DISTRICT, PUTTAPARTHI 3.THE REVENUE DIVISIONAL OFFICER, KADIRI REVENUE DIVISION KADIRI, SRI SATYA SAI DISTRICT 4.THE TAHASILDAR, KADIRI URBAN MANUAL, KADIRI. 5.THE DEPUTY TAHSILDHAR CIVIL SUPPLIES, KADIRI, SRI SATYA SAI DISTRICT. SRI SATYA SAI 6.THE CIRCLE INSPECTOR, VIGILANCE (CS), DISTRICT. ...RESPONDENT(S): f 2 BSB> W.P.No.1606 of Counsel for the Petitioner: 1.B.ABHAY SIDDHANTH MOOTHA V. Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR CIVIL SUPPLIES The Court made the following: i i 3 BSB,J W.P.No.1606 of 2025 1^ ORDER: This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief; to pass an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondents No.4 to 6 in locking (seizing) the fair price shop No. 1282022 of KUtagulla Village of Kadiri Mandal and also seizing E-Pos Machine allotted to me on 07.01.2025 through the Panchanama, dated 07.01.2025 and not commodities to me for public distribution without any since 07.01.2025 as arbitrary, illegal, colourable exercise of power apart from being violative of the fundamental rights guaranteed to me 19 and 21 of the Constitution of India and consequently direct the respondents to unlock the Fair Price Shop No. 1282022 of Kutagulla Village of Kadiri Mandal and also release the E-Pos Machine allotted to me and also to permit me to supply the essential commodities for public distribution, without following due process of law and pass such ” supplying the essential reason whatsoever under Articles 14, Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 2. The case of the petitioner, in brief, is as follows; The petitioner was appointed as a fair price shop dealer for shop No. 1282022 of Kuntagulla Village of Kadiri Mandal in the year 1984 by the 3'"^ respondent authorities and it was renewed from time to time. While so, on 07.01.2025, the respondents herein made an surprise inspection at 11.30 A.M. and found out that there were variations in stock and prepared a panchanama dated 07.01.2025 by seizing all the essential commodities along 3. 4 W.P.No.1606 of 2025 with the E-POS machine and the electric weighing machine. It is the case of the petitioner that though there no irregularities and complaints, without conducting proper enquiry and without following due process of law, denying are to supply the essential commodities is illegal. 4. On written instructions of Tahsildar, Kadiri Mandal, Sri Satya Sai District, dated 24.01.2025, the learned Assistant Government Pleader for Civil Supplies representing the respondents submitted that the petitioner had been supplied the essential commodities for the month of January, 2025. He further submitted that on 07.01.2025, the Regional Vigilance Officials, Ananthapuramu and the and Enforcement revenue officials, Kadiri Mandal had inspected the petitioner’s fair price shop and found shortage of 96 kgs of ICDS rice, 3Kgs of fortified rice packets, 96 palm oil half liter packets one liter packets, one ragi flour packet and excess of 50 Kgs of red gram dal in the said F.P.shop and filed the panchanama for taking disciplinary against the petitioner and the action is pending. 14 palm oil action 5. Since, as on date. no disciplinary action has been taken against the petitioner, supply of essential commodities cannot be denied as long as the authorization is in force. 6. In the result, the Writ Petition is disposed of, with a direction to the respondents to supply the essential commodities to the petitioner and allow the petitioner to continue as EPS dealer for which she has license, if she complies other formalities in the regular course, until any actiorj is taken 5 BSB,J W.P.No.1606 of 2025 without violating law and principles of natural justice, order does not preclude the authorities from taking any action against the petitioner However, this against the petitioner as per law, if there is any irregularity. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- N. NAGAWIIVIA ASSISTANT REGISTRAR L^TONOFFICER //TRUE COPY// 3E To, Principal Secretary, Civil Supplies Department, State of Andhra 1. The Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Joint Collector, Sri Satya Sai District, Puttaparthi Divisional Officer, Kadiri Revenue Division, Kadiri, Sri 3. The Revenue Satya Sai District 4. The Tahasildar, Kadiri Urban Mandal, Kadiri. Deputy Tahsildhar (Civil Supplies), Kadiri, Sri Satya Sai District. 6. The Circle Inspector, Vigilance (CS), Sri Satya Sai District. 7. One CC to Sri B.Abhay Siddhanth Mootha, Advocate [OPUC] 8. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. 5. The ssb ¥ HIGH COURT f y r ’ DATED:27/01/2025 ORDER WP.No.1606 of 2025 X 1 8 FEB 2025 „ Curreni aecnon ^ ''' rr* DISPOSING OF THE W.P. WITHOUT COSTS