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2025 DAILYLAW 4584 (AP)

T CHALAMA REDDY v. THE STATE OF AP

WP/1763/2025 · 2025-01-27

B S Bhanumathi

body2025

Judgment text

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% IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (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: 1763 OF 2025 Between : T Chalama Reddy, S/o. Pedda Pulla Reddy, Aged about 62 years, Occ. FP Shop Dealer of Shop No.1119003 R/o.D.No.3-17, Thatireddypalli Village, Lingala Mandal, YSR Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Civil Supplies Department, Secretariat Buildings, At Velagapudi, Amaravathi Andhra Pradesh. 2. The District Collector, YSR Kadapa District at Kadapa. 3. The Joint Collector, YSR Kadapa District at Kadapa. 4. The Revenue Divisional Officer, Pulivendula, YSR Kadapa District. 5. The Tahsildar, Lingala Mandal, YSR Kadapa 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd and 4th respondents in not allotting the essential commodities to the F.P shops held by the petitioner at Thatireddypalli Village (Shop.No.1119003) of Lingala Mandal, YSR Kadapa District without there being any reason though the petitioner authorization is valid and subsisting is illegal, arbitrary and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice and consequently direct the respondents to continue the petitioner to hold F.P. shop Dealership of Thatireddypalli Village (Shop.No.1119003) of Lingala Mandal, YSR Kadapa District. lA NO: 1 OF 2025 , Pietition 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 continue the petitioner as F.P. shop Dealer and to supply essential commodities to the petitioners fair price shop at Thatireddypalli Village (Shop.No. 1119003) of Lingala Mandal, YSR Kadapa District, pending disposal of Writ Petition. Counsel for the Petitioner: SRi P NARAHARi BABU Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: i APHC010034802025 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: 1763/2025 Between: T Chalama Reddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.P NARAHARI BABU Counsel for the Respondent(S): 1.GPFOR CIVIL SUPPLIES The Court made the following: 2 4 BSB,J W.P.No.1763 of 2025 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition No. 1763 of 2025 ORDER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in not allotting the essential commodities to the F.P shops held by the petitioner at Thatireddypalli Village, Shop No.1119003 of Lingala Mandal, YSR Kadapa District, without there being any reason though the petitioner authorization is valid and subsisting is illegal, arbitrary and violative of Articles 14, 191(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice and consequently direct the respondents to continue the petitioner to hold F.P shop Dealership of Thatireddypalli Village, Shop No.1119003 of Lingala Mandal, YSR Kadapa District and to pass such other order or orders ” th the 3'“ and 4 The case of the petitioner is briefly as follows: 2. The petitioner is the permanent fair price shop dealer for shop Mo. 1119003 at Thatireddypalli Village, Lingala Mandal, YSR Kadapa District. BSB,J W.P.No.1763 of 2025 Since then, the petitioner has been operating the fair price shop and distributing commodities to cardholders without any interruption. The petitioner’s authorization is valid and subsisting. On 30.12.2024, the Enforcement Deputy Tahsildar, along with the Mandal Revenue Inspector and the Village Revenue Officer, visited the petitioner’s fair price shop, inspected it, and reportedly found discrepancies in the stock. Based on the inspection report, the 4th respondent issued a show-cause notice vide Ref.No.D/04/2025 dated 03.01.2025. The petitioner submitted his explanation on 08.10.2025. However, without considering the explanation, the respondent authorities stopped allotting essential commodities to the petitioner without providing any valid reason, despite the petitioner’s authorization being valid and subsisting. Hence, this writ petition. 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondent Nos. 1 to 5. 4. The learned counsel for the petitioner submitted that the petitioner had been denied the supply of essential commodities, despite there being no order of suspension or cancellation of the petitioner’s authorization. 5. The learned Assistant Government Pleader for the respondents placed written instructions indicating that there is a variation in the stock, as shown in the following table; r ¥ 4 V BSB, J W.P.No.1763 of 2025 Opening balance present Name of Receipts (kgs)/Pkt Total Stocks distributed SI. to be available stock Physical stock variation and (kgs)/Pkt (kgs)/Pkt the No. (kgs)/Pkt commodity {kgs)/Pkt (kgs)/Pkt s s s 3 s s Fortified Rice 1 6595 6515 13110 6505 6605 6602 +3 2 Jowar 255 0 255 0 255 120 -135 3 Ragi 505 0 505 0 505 20 -485 Sugar 4 446 446 892 437 455 456 +1(1/2kg packet) 6. In reply, the learned counsel for the petitioner submitted that the petitioner had duly provided an explanation addressing the variation in stock, however, without considering the explanation, the respondents authorities had refrained from supplying essential commodities to the petitioner. Since the petitioner, as a dealer, is entitled to the supply of essential commodities, as long as the authorization is in force, the writ petition is disposed of by directing the respondents authoritiesto supply the essential commodities to the petitioner, subject to compliance with other legal formalities. 7. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To 5 SECTION OFFICER 1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, At Velagapudi, Amaravathi, Andhra Pradesh. V 2. The District Collector, YSR Kadapa District at Kadapa. The Joint Collector, YSR Kadapa District at Kadapa. The Revenue Divisional Officer, Pulivendula, YSR Kadapa District. The Tahsildar, Lingala Mandal, YSR Kadapa District. One CC to Sri P Narahari Babu, Advocate [OPUC] Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] Two CD Copies 3. 4. 5. 6. 7. 8. RAM t HIGH COURT •r V S f . f % \ \ .• DATED:27/01/2025 \ I ORDER WP.No.1763 of 2025 O' I 2 5 FEB 2025 mi C9.- 5- 'Iv ^ Current Section ^ DISPOSING OF THE WP WITHOUT COSTS