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2025 DAILYLAW 44975 (AP)

SRI SAI VENKATESWARA MAHILA SHAKTHI SANGAM v. THE STATE OF AP

WP/8949/2025 · 2025-04-16

Sumathi Jagadam

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 8949 OF 2025 Between: Sri Sal Venkateswara Mahila Shakthi Sangam, Rep., Treasurer Katta Chandra Mounika, D/o.Veerababu, Aged about 21 Years, Occ: F.P, Shop Dealer, Shop No.0439046 R/o. D.No.2-236, Ilia vari Street, Thotapeta Village, Draksharama, Ramachandrapuram Mandal Dr.Br.Ambedkar Konaseema District. ...PETITIONER AND 1. The State of AP, Rep. by its Secretary, Consumer Affairs Food and Civil Supplies Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector (Civil Supplies), Amalapuram, Dr.Br.Ambedkar Konaseema District. 3. Revenue Divisional Officer, Ramachandrapuram, Dr.Br.Ambedkar Konaseema District. 4. The District Supply Officer, Mummidivaram, Dr, Br.Ambedkar Konaseema District. 5. The Tahasildar, Ramachandrapuram Mandal, Dr. Br. Ambedkar Konaseema 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 Writ of Mandamus or any other appropriate writ order % or direction declaring the action of the respondents No 2 to 5 in not allowing the petitioner and not releasing the Essential Commodities to the petitioners F.P.Shop No.0439046 Thotapeta Village Draksharama, Ramachandrapuram Mandal Dr.BR. Ambedkar Konaseema District, despite subsisting the petitioners authorization (appointment order) is illegal and arbitrary, violative of principle of natural justice, and contrary to the provisions of the Essential Commodities Act 1955 and the Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 consequently direct the respondents 2 to 5 to supply the commodities continuously by continuing the petitioner as F.P. Shop dealer of shop No.0439046, Thotapeta Village, Draksharama, Ramachandrapuram Mandal, Dr.BR. Ambedkar Konaseema District. 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 supply the Essential Commodities to the petitioner’s F.P.Shop.No.0439046, Thotapeta Village, Draksharama, Ramachandrapuram Mandal, Dr.BR. Ambedkar Konaseema District. Counsel for the Petitioner: SRI RAJU GUBBALA Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010170702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY ,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 8949/2025 Between: ...PETITIONER Sri Sai Venkateswara Mahila Shakthi Sangam AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.RAJU GUBBALA Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief; “...to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondents No.2 to 5 in not allowing the petitioner and not releasing the Essential Commodities to the petitioner’s F.P.Shop No.0439046, Thotapeta Village, Draksharama, Ramachandrapuram Mandal, Dr.BR.Ambedkar Konaseema District, despite subsisting the petitioner’s authorization (appointment order) is illegal and arbitrary, violative of principle of natural justice, and contrary to the provisions of the Essential Commodities Act 1955 and the Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 consequently direct the respondents 2 to 5 to supply the commodities continuously by continuing the petitioner as F P Shop dealer of shop No,0439046, Thotapeta Village, Draksharama, Ramachandrapuram Mandal, Dr.BR.Ambedkar Konaseema District and to pass...” 2 Heard the learned counsel on both sides. 2. The Writ Petition is filed seeking a direction for release of essential 3. commodities to the petitioner’s fair price shop No.0439046, situated at Thotapeta Village, Draksharama, Ramachandrapuram Mandal, Dr.B.R.Ambedkar Konaseema District. The petitioner was appointed as a fair price shop dealer in the year 4. 2025. The respondents have obtained the fingerprints vide proceedings in Ref.B4/548/2024, dated 06.02.2025 of the petitioner, but the respondents are not permitting to remit challan for release of stock. Learned Assistant Government Pleader for Civil Supplies, appearing for 5. the respondents, on written instructions, submits that the petitioner’s fair price shop has been mapped in online web site. Therefore, the respondents will release essential commodities to the petitioner’s shop. In these circumstances, the Writ Petition is disposed of directing the 6. respondents to release the essential commodities to the newly allotted fair price shop No. 0439046. There shall be no order as to costs. Any pending miscellaneous applications, if any, will also stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// f Vc SECTION OFFICER 1. The Secretary, Consumer Affairs Food and Civil Supplies Department Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector (Civil Supplies), Amalapuram, Dr.Br.Ambedkar Konaseema District. 3. Revenue Divisional Officer, Ramachandrapuram, Dr.Br.Ambedkar Konaseema District. 4. The District Supply Officer, Mummidivaram, Dr, Br.Ambedkar Konaseema District. 5. The Tahasildar, Ramachandrapuram Mandal, Dr. Br. Ambedkar Konaseema District. 6. One CC to Sri Raju Gubbala Advocate [OPUC] 7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies To, TF iSn HIGH COURT DATED:17/04/2025 ORDER WP.No.8949 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS