w IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE .S,?/4 L-rf' PRESENT A. ■'*/ ♦ THE HONOURABLE MS JUSTICE B. S. BHANUMATHI WRIT PETITION NO: 1806 OF 2025 Between: Shaik Suneera Begum, W/o. P. Rahamthulla Basha Khan, Aged about 49 years, Occ. Business, R/o 2-123, Deendar Palli, Bhakarapet, Chinnagottigallu Mandal, Tirupati District, Erstwhile Chittoor District. ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary, Consumer Affairs and Civil Supplies Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The District Collector, (Civil Supplies), Tirupati District at Tirupati. 3. The Joint Collector, Tirupati, Tirupati District. 4. The Revenue Divisional Officer, Tirupati, Tirupati District. 5. The Tahsildar, Chinnagottigallu Mandal, Tirupati District. 6. The District Civil Supplies Officer, Tirupati, Tirupati District. 7. The Village Revenue Officer, Deendarlapalli H/o. Chittecherla Village, Chinnagottigallu Mandal, Tirupati 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 may be pleased to issue a of WRIT OF MANDAMUS declaring the unilateral and monocratic action of the respondents in not supplying the essential commodities to the petitioners Fair Price Shop bearing No. 1029026 of Deendarlpalli H/o Chittecherla Village, Chinnagottigallu Mandal, Tirupati District, Erstwhile Chittoor District, on the ground that, a 6-A case is filed on the petitioner and without there being any suspension or cancellation of authorization as illegal, improper, unjust, contrary to law and violation of Article 14 and 16 of Constitution of India and without following the procedure as prescribed in Durga Srinivasa Rao and Others Vs. State of A.P. (W.P. No.30126/2015, dt.07.08.2015) and consequently direct the respondents in payment of the D.D. as well as supply of essential commodities to the cardholders of the petitioners Fair Price Shop bearing No. 1029026 of Deendarlpalli H/o Chittecherla Village, Chinnagottigallu Mandal, Tirupati District, Erstwhile Chittoor District, forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents in payment of the D.D. as well as supply of essential commodities to the cardholders of the petitioners Fair Price Shop bearing No. 1029026 of Deendarlpalli H/o Chittecherla Village, Chinnagottigallu Mandal, Tirupati District, Erstwhile Chittoor District, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos.1, 2, & 6 : GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos.3, 4, 5 & 7 : GP FOR REVENUE The Court made the following: ORDER (^9 1 BSB,J W.P.No.1806 of 2025 APHC010031652025 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: 1806/2025 Between: 1.SHA1K SUNEERA BEGUM, W/0 P. RAHAMTHULLA BASHA KHAN, AGED ABOUT 49 YEARS, OCC. BUSINESS, R/0 2-123, DEENDAR PALLI, BHAKARAPET, CHINNAGOTTIGALLU MANDAL, TIRUPATI DISTRICT, ERSTWHILE CHITTOOR DISTRICT ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2.THE DISTRICT COLLECTOR CIVIL SUPPLIES, TIRUPATI DISTRICT AT TIRUPATI 3.THE JOINT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT 4.THE REVENUE DIVISIONAL OFFICER DISTRICT 5.THE TAHSILDAR, CHINNAGOTTIGALLU MANDAL DISTRICT 6.THE DISTRICT CIVIL SUPPLIES OFFICER, TIRUPATI, TIRUPATI DISTRICT 7.THE VILLAGE REVENUE OFFICER, DEENDARLAPALLI H/0 CHITTECHERLA VILLAGE, TIRUPATI, TIRUPATI TIRUPATI CHINNAGOTTIGALLU MANDAL, 2 BSB, W.P.No.1806 of 2025 TIRUPATI DISTRICT Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent{S): 1.GP FOR REVENUE 2.GP FOR CIVIL SUPPLIES The Court made the following: 3 BSBJ W.P.No.1806 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief: “....to issue a of WRIT OF MANDAMUS declaring the unilateral and monocratic action of the commodities to the petitioners Fair Price Shop bearing No. 1029026 of Deendarlpalli H/o Chittecherla Village, Chinnagottigallu Mandal, Tirupati District, Erstwhile Chittoor District, on the ground that, a 6-A case is filed on the petitioner and without there being any suspension or cancellation of authorization as illegal, improper, unjust, contrary to law and violation of Article 14 and 16 of Constitution of India and without following the procedure as prescribed in Durga Srinivasa Rao and Others Vs. State of A.P. (W.P. No.30126/2015, dt.07.08.2015) and consequently direct the respondents in payment of the D.D. as well as supply of essential commodities to the cardholders of the petitioners Fair Price Shop bearing No. 1029026 of Deendarlpalli H/o Chittecherla Village, Chinnagottigallu Mandal, Tirupati District, Erstwhile Chittoor District, forthwith and pass such ” respondents in not supplying the essential 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. 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 rd 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 are variations in stock and filed the panchanama dated 07.01.2025 by seizing all the essential commodities along with E-POS BSB..' W.P.No.lSOSof 2025 machine and electric weighing machine. It is the case of the petitioner that though there are no irregularities and complaints, without conducting proper enquiry and without following due process of law, denying to supply the essential commodities is illegal. On written instructions of Tahsildar, Chinnagottigallu Mandal, dated 26.01.2025, the learned Assistant Government Pleader for Civil Supplies representing the respondents submitted that on 04.12.2024, when an inspection had been conducted by Vigilance and Enforcement authorities, along with the Civil Supplies Deputy Tahsildar and the Village Revenue Officer, discrepancies in stock records, particularly with respect to PDS rice had been identified, and due to these discrepancies, the stock, e-pos machine and weighing scale had been seized under Section 6A of the E.C. Act, 1955, to prevent further irregularities and a show cause notice dated 23.01.2025 had been issued to the petitioner to submit written explanation within seven days of receipt of the notice. 4. 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. 5. 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 FPS dealer for which she has license, if she complies other formalities in the regular course, until any action is, taken 6. BSB,J W.P.No.1806 of 2025 natural justice, taking any action against the petitioner as per law, if there is any irregularity. There shall be order as to costs. against the petitioner without violating law and principles of However, this order does not preclude the authorities from no Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd/- K TATA RAO <2^Mofficer To, SE DepartmenT and Civil Supplies ■ Tirupafi, Tirupati District. at Tirupati. 4. The Revenue Divisional 5. The Tahsildar, ' 6. The District Civil Officer, Tirupati, Tirupati District. Chinnagottigallu Mandal Tirupati District 7 ThPV„ Tirupati, Tirupati 8. One CC to Sri Suresh District. Village, Kumar Reddy Kalava, Advocate (OPUC] ' Supplies, High Court of Andhra Pradesh. lO.TwoCCsto GP for Revenue 11. Three C.D. Copies. High Court of Andhra Pradesh. [OUT] Cnr HIGH COURT DATED:27/01/2025 ORDER I 2 <t FEB 2025 | ^ . Current Sectton WP.No.1806 Of 2025 DISPOSING OF THEW.P. WITHOUT COSTS