APHC010502272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26437/2025 Between: 1. PUTLURU JANARDHANA, S/O. LATE PUTIURU NAMBUDRI PAD, AGED ABOUT 43 YEARS, R/O. 1-86, CHILAMAKURU, YALLANUR MANDAL, JANGAMPALLI ANANTHAPUR - 515465, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE TULLUR MANDAL, GUNTUR DISTRICT. 2. THE COLLECTOR, (CIVIL SUPPLIES), ANANTHAPUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANANTHAPUR DISTRICT. 4. THE MANDAL REVENUE OFFICER, YALLANURU MANDAL, ANANTHAPUR 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 pleased to issue a Writ or Order more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.4, in stopping the supply of essential commodities to the petitioner in respect of his Fair Price Shop No. 229034 of Chilamakuru, Yallanur Mandal, Ananthapur District, as illegal, arbitrary, contrail to the principles of natural Justice and in voilation of Articles VS,J W.P No.26437 of 2025 2 14, 19 and 21 of Constitution of India, and consequently direct the respondents to supply essential commodities to the petitioner respect of her Fair Price Shop No. 229034 of Chilamakuru, Yallanur Mandal, Ananthapur District, and pass IA 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 pleased to direct the Respondents to supply essential commodities to the Petitioner in respect of Fair Price Shop No. 229034 of Chilamakuru, Yallanur Mandal, Ananthapur District, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. K KEDHARNATH CHOWDARY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES VS,J W.P No.26437 of 2025 3 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 or Order more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.4, in stopping the supply of essential commodities to the petitioner in respect of his Fair Price Shop No.229034 of Chilamakuru, Yallanur Mandal, Ananthapur District, as illegal, arbitrary, contrary to the principles of natural Justice and in voilation of Articles 14, 19 and 21 of Constitution of India, and consequently direct the respondents to supply essential commodities to the petitioner in respect of his Fair Price Shop No.229034 of Chilamakuru, Yallanur Mandal, Ananthapur District, and pass such other order or orders...” 2. The petitioner was appointed as a Fair Price Shop dealer for the shop bearing No.229034 of Chilamakuru, Yallanur Mandal, Ananthapur District in the year 2024. Since the date of appointment, the petitioner has been distributing the commodities to the card holders without any complaint from the beneficiaries. 3. While the matter being so, on a credible information, on 04.09.2025, by the Regional Vigilance and Enforcement Officer, Ananthapuramu and Revenue Officials of Yellanur Mandal along with Panchayatdars have inspected the petitioner’s shop and found certain variations between the EPOS machine, closing balance and ground balances and seized the stock available in the shop and handed over the same to one C.Dileep Kumar Reddy, VRO, Chilamakur, for safe custody until further orders from the higher authorities. VS,J W.P No.26437 of 2025 4 4. Thereafter, respondent No.4 has submitted a report to the respondent No.3 on the same date i.e., 04.09.2025 for taking disciplinary action as against the petitioner. 5. The grievance of the petitioner in the present writ petition is that without issuing any show cause notice calling for an explanation, in furtherance to the report of the Tahsildar dated 04.09.2025, the respondents have stopped the supply of essential commodities to the petitioner. 6. The learned Assistance Government Pleader has furnished a copy of the instructions vide Rc.No.175/2025(CS) dated 20.09.2025 wherein the facts as stated by the petitioner has been reiterated and however, it is further stated that the show cause notice will be issued to the fair price shop dealer basing on the report submitted by the 04.09.2025 and after considering the explanation submitted by the petitioner, orders will be passed in accordance with law. The said fact clearly establishes that as on date, no disciplinary proceedings has been initiated as against the petitioner either by way of issuing a show cause notice or by calling for an explanation from the petitioner. 7. In view of the same, the case of the petitioner falls under the frame work of Full Bench decision of this Court in Oleti Tirupathamma v. District VS,J W.P No.26437 of 2025 5 Supply Officer (City), Visakhapatnam and others 1 , wherein it was categorically held as follows: “A statutory authority, it is trite, must act within the four corners of the statute in terms of the statutory orders and procedure laid down to suspend the licence. As already noticed hereinbefore, the authorities under the relevant orders have power to suspend the authorisation or licence of the dealer. Without applying its mind and without taking recourse thereto, the Court should not normally permit the authorities, unless extraordinary situation exists, to allow them to do something indirectly, which they cannot do it directly. If a broad proposition to this effect is laid down, the same, in a given case may amount to abuse of the process of law. The High Court while exercising its jurisdiction under Article 226 of the Constitution of India, acts sentinel qui vive and thus it has to protect the citizen from arbitrary and capricious action of the executive. If the licensing authority themselves upon application of mind come to the conclusion that the irregularities committed by the fair price shop dealer would warrant suspension of his licence, it may do so. But, in our considered opinion, the authority without taking recourse to the said action, cannot, refuse to supply the essential commodities. In the event an order of suspension of licence is passed, the authorities will have to make an alternative arrangement. But, in a case of this nature, the card holders would be the worst sufferers inasmuch their essential commodities would not be supplied to them at all. 8. In the present case on hand, the respondents, without initiating any disciplinary proceedings, in accordance with law, cannot stop the supply of essential commodities to the petitioner, which is illegal and arbitrary in view of the law laid down in the aforesaid Judgment. 9. In the light of the above facts and circumstances of the case, since no disciplinary action has been initiated against the petitioner, the respondents are hereby directed to supply essential commodities to the petitioner’s Fair 1 2002 (1) ALD 577 VS,J W.P No.26437 of 2025 6 Price Shop and allow him to distribute the same to the cardholders until any disciplinary action has been initiated as against the petitioner. 10. With the above directions, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Date:24.09.2025 Ksj