APHC010213502021 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: Between: 1. MUMMIDISETTI SUJATHA,, W/O M. RAMESH, AGED 40 YEARS, RESIDENT OF H.NO.3 BUTCHIYYAPETA MANDAL, VISAKHAPATNAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, CIVIL SUPPLIES, VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, CIVIL SUPPLIES, ANAKAPALLI, VISAKHAPATNAM DISTRICT. 4. THE TAHSILDAR, CIVIL SUPPL VISAKHAPATNAM DISTRICT. 5. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, BUTCHAYYAPETA, VISAKHAPATNAM DISTRICT 6. SOMIREDDI KASULAMMA, W/O PENTA RAO, AGED AROUND 40 YEARS, PRESIDENT VILLAGE, BUTCHIYYAPETA MANDAL, VISAKHAPATNAM DISTRICT. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Cour IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12955/2021 MUMMIDISETTI SUJATHA,, W/O M. RAMESH, AGED 40 YEARS, RESIDENT OF H.NO.3-38, GUNNEMPUDI VILLAGE, BUTCHIYYAPETA MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE JOINT COLLECTOR, CIVIL SUPPLIES, VISAKHAPATNAM. THE REVENUE DIVISIONAL OFFICER, CIVIL SUPPLIES, ANAKAPALLI, VISAKHAPATNAM DISTRICT. THE TAHSILDAR, CIVIL SUPPLIES, BUTCHAYYAPETA, VISAKHAPATNAM DISTRICT. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, BUTCHAYYAPETA, VISAKHAPATNAM DISTRICT SOMIREDDI KASULAMMA, W/O PENTA RAO, AGED AROUND 40 YEARS, PRESIDENT OF BHAGYA LAKSHMI, SHG GUNNEMPUDI VILLAGE, BUTCHIYYAPETA MANDAL, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Cour IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE TWENTY FOURTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA MUMMIDISETTI SUJATHA,, W/O M. RAMESH, AGED 40 YEARS, 38, GUNNEMPUDI VILLAGE, BUTCHIYYAPETA MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL CIVIL SUPPLIES DEPARTMENT, SECRETARIAT THE JOINT COLLECTOR, CIVIL SUPPLIES, VISAKHAPATNAM. THE REVENUE DIVISIONAL OFFICER, CIVIL SUPPLIES, IES, BUTCHAYYAPETA, THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, BUTCHAYYAPETA, SOMIREDDI KASULAMMA, W/O PENTA RAO, AGED AROUND 40 OF BHAGYA LAKSHMI, SHG GUNNEMPUDI VILLAGE, BUTCHIYYAPETA MANDAL, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): 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 2 VS,J W.P.No.12955 of 2021 pleased topleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 3 and 4 in appointing the 6th respondent as dealer of the petitioner's fair-price shop no. 47, Depot No.0320047, Gunnempuu, Village, Butchayyapeta Mandal, Visakhapatnam District during subsistence of her dealership as illegal, arbitrary, unconstitutional, violative of Principles of Natural Justice and contrary to provisions of the Essential Commodities Act and the A.P State Targeted Public Distribution System (Control) Order, 2018 and consequently set-aside the same IA NO: 1 OF 2021 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 2 to 4 to restore the authorization of the petitioner and resume the supply of essential commodities as Fair Price Shop Dealer of Shop shop no. 47, Depot No.0320047, Gunnempudi Village, Butchayyapeta Mandal, Visakhapatnam District pending disposal of the above writ petition and pass IA NO: 2 OF 2021 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 vacate the interim orders dated 12.07.2021 passed in W.P. No. 12955 of 2021 and dismiss the writ petition and Counsel for the Petitioner: 1. S.V.S.S.SIVA RAM Counsel for the Respondent(S): 1. S.V.S.S.SIVA RAM Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 VS,J W.P.No.12955 of 2021 The Court made the following Order: The present Writ Petition came to be 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 the Respondents 3 and 4 in appointing the 6th respondent as dealer of the petitioners fair price shop no.47, Depot No.0320047, Gunnempudi Village, Butchayyapeta Mandal, Visakhapatnam District, during subsistence of her dealership as illegal, arbitrary, unconstitutional, violative of Principles of Natural Justice and contrary to provisions of the Essential Commodities Act and the A.P.State Targeted Public Distribution System (Control) Order, 2018 and consequently set-aside the same and to pass such other order or orders ….” 2. The petitioner was appointed as a fair price shop dealer for shop No.47 of Gunnempudi Village, Butchayyapeta Mandal, Visakhapatnam District in the year 2013 and the petitioner’s authorization has been extended from time to time. The petitioner has been operating the fair price shop, duly following the Rules, without any complaints from the card holders. 3. While the matter being so, due to change in political scenario, the petitioner was targeted by the local members of the ruling party and in that process, on the instructions of the 4th respondent, the 5th respondent, in the absence of the petitioner, inspected the petitioner’s shop on 01.05.2021 and submitted a report that there is variation of 63 bags amounting to excess quantity of 2221 Kgs of rice when the physical balance is compared with the e-PoS machine. Thereafter, basing on the mediator’s report, the petitioner’s fair price shop was seized and the excess stock available in the petitioner’s shop was also seized and the entire stock was kept with the neighboring fair 4 VS,J W.P.No.12955 of 2021 price shop dealer with shop No.0320015. Thereafter, the petitioner came to know that the 5th respondent has submitted a report to initiate action under Section 6-A of the Essential Commodities Act, 1955, to the 2nd respondent and the petitioner also came to know that the respondent officials have appointed the 6th respondent as a temporary dealer. On such, the petitioner approached the respondent Nos.3 & 4 and informed that during the subsistence of her authorization, the 6th respondent could not have been appointed, as it is in violation of the procedure contemplated under the Control Order, 2018. 4. When the writ petition came up for admission on 12.07.2021, this Court was pleased to pass the following interim order: Learned counsel for the petitioner submits that the petitioner is appointed as a fair price shop dealer for shop No.47, Gunnempudi Village, Butchayyapeta Mandal, Visakhapatnam District in the year 2013. Since then she has been distributing essential commodities to cardholders without any complaint. While so, on 01.05.2021 the petitioner's fair price shop was inspected by the 5th respondent and mediator's report was prepared. It is alleged in the report that the Village Sarpanch along with VRO caught two persons transporting PDS rice illegally and that one of them is the petitioner's husband namely M. Ramesh. Basing on the said mediator's report, the petitioner's fair price shop was seized and the entire stock was kept with a neighboring fair price shop dealer. Thereafter, the 5th respondent has submitted a report under Section 6-A of the E.C Act to the 2nd respondent. Without suspending or cancelling the authorization of the petitioner the respondent authorities appointed the 6th respondent for distribution of essential commodities to the card holders, contrary to the provisions of 5 VS,J W.P.No.12955 of 2021 Clause 8(4) of APSTPDS(Control) Order, 2018, which is illegal and arbitrary. Since the petitioner's authorization is neither suspended nor cancelled, she entitled for supply of essential commodities for distribution of the same to the cardholders. Learned AGP stoutly opposed for grant of interim order stating that the village elders caught hold of the petitioner's husband while he was illegally transporting 63 bags of PDS rice in a vehicle and handed over to the authorities. The petitioner's husband is a nominee of the shop of the petitioner. Show cause notice would be issued to the petitioner calling for explanation and after concluding enquiry final orders would be passed and till then, as a temporary arrangement, as per clause 8(5) of APSTPDS(Control) Order, 2018, 6th respondent was appointed. Having regard to the facts and circumstances of the case, submissions of the learned counsel and on perusal of the material record, this Court found that the without suspending or cancelling the petitioner's authorization as per the provisions of clause 8(4) of the Control Order, 2018, releasing stocks to the 6th respondent is prima facie illegal and arbitrary. Therefore, the petitioner has shown sufficient cause for grant of interim direction. Accordingly, the respondents are directed to supply essential commodities to the petitioner for distribution to the cardholders. 5. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies representing the respondents. Notice was sent on the 6th respondent and the petitioner was also directed to take out personal notice on the 6th respondent, which was also served on 24.08.2021. In spite of the same, there is no appearance on behalf of the 6th respondent. 6 VS,J W.P.No.12955 of 2021 6. The 3rd respondent filed a detailed counter enclosing vacate stay petition vide I.A.No.2 of 2021. This Court, after hearing both the learned counsel for the petitioner and as well as the learned Assistant Government Pleader for Civil Supplies, was pleased to dismiss the vacate stay petition i.e., I.A.No.2 of 2021 on 24.11.2021 by making the interim orders dated 12.07.2021 as absolute. It is stated in the counter of the 3rd respondent that, pursuant to the interim orders of this Court dated 12.07.2021, the 3rd respondent vide proceedings dated 29.07.2021, permitted the petitioner to run the fair price shop. The relevant portion reads as under: “In view of the orders of the Hon'ble High Court, Smt Somireddi Kasulamma, President of Sri Bhagyalakshmi SHG Group, Gunnempudi Village of Butchayyapeta Mandal, is withdrawn and Smt.M. Sujatha, dealer of F.P.Shop No.0320047 Gunnempudi Village of Butchayyapeta Mandal is permitted to distribute commodities to the cardholders with immediate effect.” 7. In view of the same, as the petitioner has been permitted to run the fair price shop, in pursuance of the interim orders of this Court dated 12.07.2021, this Writ Petition is disposed of with a direction to the respondents to continue the supply of essential commodities to the petitioner until & unless the petitioner has contravened any of the clauses of the Control Order, 2018. However, as the 6-A proceedings are pending before the Joint Collector (CS), Visakhapatnam, for enquiry, there shall also be a direction to the Joint Collector (CS), Visakhapatnam to complete the enquiry, as expeditiously as possible, preferably, within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. 7 VS,J W.P.No.12955 of 2021 As a sequel, Interlocutory Applications pending, if any, shall stand closed __________________ JUSTICE V.SUJATHA Dated: 24.09.2025 MDP