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2025 DAILYLAW 4909 (AP)

V YUGANDHAR REDDY v. The State of Andhra Pradesh

WP/2008/2025 · 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 HON’BLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 2008 OF 2025 Between: V Yugandhar Reddy, S/o Dasaradha Rami Reddy, aged about 45 years. Fair Price Shop Dealer Shop No. 1016004, Pallamala Village, B.N.Kandriga Mandal, Tirupathi District. ...PETITIONER AND 1. The State of Andhra Pradesh, rept., by its Principal Secretary, Food and Civil Supplies Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The District Collector, Tirupathi Tirupathi District. 3. The Joint Collector,(CS), Tirupathi District, 4. The Revenue Divisional Officer, Sullurpeta, Tirupathi District. 5. The Tahsildar, B.N Kandriga Mandal, B.N. Kandriga Tirupathi 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 writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents not issuing Essential Commodities to the petitioner herein, for distribution to the card holders attached to Pallamala Village, B.N.Kandriga Mandal, Tirupathi District, in spite of subsisting the petitioners F.P shop authorization, is illegal arbitrary and in violation of principles of Natural Justice and contrary to the provisions of A.P. State Public Distribution System Control Order, 2018, and consequently direct the respondent Nos.4 and 5 herein, to supply the ^Essential Commodities to the petitioner and allow him to distribute the same ^' i6.the petitioners F.P shop attached to Pallamala Village, B.N.Kandriga S/landal Tirupathi District shop. ••'5. i. .ar 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 Essential Commodities to the petitioner herein, and allow him to distribute the same through MDU Operator to the respective card holders under Public Distribution System, in shop No. 1016004, attached to Pallamala Village, B.N.Kandriga Mandal, Tirupathi District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI GNANESWARA RAO MITTIREDDI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER 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 HON’BLE MS JUSTICE B S BHANUMATHI /y WRIT PETITION NO: 2008 OF 2025 Between: V Yugandhar Reddy, S/o Dasaradha Rami Reddy, aged about 45 years. Fair Price Shop Dealer Shop No. 1016004, Pallamala Village, B.N.Kandriga Mandal, Tirupathi District. ...PETITIONER AND 1. The State of Andhra Pradesh, rept., by its Principal Secretary, Food and Civil Supplies Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The District Collector, Tirupathi Tirupathi District. 3. The Joint Collector,(CS), Tirupathi District, 4. The Revenue Divisional Officer, Sullurpeta, Tirupathi District. 5. The Tahsildar, B.N Kandriga Mandal, B.N. Kandriga Tirupathi 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 writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents issuing Essential Commodities to the petitioner herein, for distribution to the card holders attached to Pallamala Village, B.N.Kandriga Mandal, Tirupathi District, in spite of subsisting the petitioners F.P shop authorization, is illegal arbitrary and in violation of principles of Natural Justice and contrary to the not provisions of A.P. State Public Distribution System Control Order, 2018 consequently direct the respondent Nos.4 and 5 herein, to supply the Essential Commodities to the petitioner and allow him to distribute the and same , ^'^^.the petitioners F.P shop attached to Pallamala Village, B.N.Kandriga K/landal Tirupathi District shop. 4 '■ i IA NO: 1 OF 2Q2fi 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 Essential Commodities to the petitioner herein, and allow him to distribute the Operator to the respective card holders under Public Distribution System, i shop No. 1016004, attached to Pallamala Village, B.N.Kandriga Mandal Tirupathi District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI GNANESWARA RAO MITTIREDDI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER same through MDU in APHC010039332025 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: 2008/2025 Between: V Yugandhar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: w 2 BSBJ W.P.No.2008of 2025 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition No. 2008 of 2025 ORDER: The writ petition is filed seeking the following prayer: to issue writ or order or direction more particularly one in the nature of WRIT of MANDAMUS declaring the action of the respondents not issuing essential commodities to the petitioner herein for distribution to the card holders attached to Pallamala Village, B N Kandriga Mandal, Tirupathi District in spite of subsisting the petitioner’s F.P. shop authorization is illegal, arbitrary and in violation of principles of natural justice and contrary to the provisions of A.P. State Public Distribution System (Control) Order, 2018, and consequently direct the respondent Nos. 4 and 5 herein to supply the essential commodities to the petitioner and allow him to distribute the same to the petitioner’s F.P shop attached to Pallamala Village, B.N.Kandriga Mandal, Tirupathi District shop and pass such other order or orders ” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondent Nos.1 to 5. 3. The case of the petitioner is briefly as follows: The petitioner was appointed as a fair price shop dealer for Shop No. 4016004, Pallamala Village, B.N.Kandriga Mandal, Tirupathi District, in -■6 the year 2006. Since the date of his appointment, the petitioner has been w m.f 3 BSo, J W.P.No.2008 of 2025 distributing essential commodities to cardholders without any interruptions. While things stood thus, on 22.12.2024, the 5'^ respondent submitted a report vide proceedings Rc.No.684/2024, alleging that the Mandal Revenue Inspector and the Village Revenue Officer inspected the petitioner’s shop in the presence of mediators and found discrepancies in the stock. Based on this report, the 4*'^ respondent issued a show-cause notice vide proceedings Rc.B1/26/2025, dated 08.01.2025, proposing to cancel the petitioner’s fair price shop authorization. Upon receiving the show-cause notice, the petitioner submitted a detailed explanation. However, without properly considering the explanation, the 4*'^ respondent issued the impugned proceedings. Hence, this writ petition. The learned Assistant Government Pleader submitted that he has not received written instructions in this regard. 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 he has license, if he complies other formalities in the regular course, until any action is taken against the petitioner without violating law and principles of natural justice. However, this order does not preclude the authorities from taking any action against the petitioner as per law, if there is any irregularity. 6. ■T 4 0^ BSB, J W.P.No.2008 of 2025 There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. SD/- K. TATA^RAO deputy REGISTRmR //TRUE COPY// ' SECTION OFFICER s To 1. The Principal Secretary, Food and Civil Supplies Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The District Collector, Tirupathi Tirupathi District. 3. The Joint Coilector,(CS), Tirupathi District, 4. The Revenue Divisional Officer, Sullurpeta, Tirupathi District. 5. The Tahsildar, B.N Kandriga Mandal, B.N. Kandriga Tirupathi District. 6. One CC to Sri Gnaneswara Rao Mittireddi Advocate [OPUC] 7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF HIGH COURT DATED:27/01/2025 ORDER WP.No.2008 of 2025 O rx 2 8 FEB 2025 . Current Section DISPOSING OF THE W.P., WITHOUT COSTS