%A i h. 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: 2015 OF 2025 Between; Bagu Dasaradha, S/o. Late Dalayya, aged about 54 years, Occ. Fair Shop Dealer, R/o. Peddapadu -1, Srikakulam Mandal, Srikakulam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, A.P. Secretariat. Velagapudi. Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Srikakulam Division, Srikakulam District. 3. The Tahsildar, Srikakulam Mandal, Srikakulam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 and setting aside the proceedings RC.No. 82 / 2025, dated 20.01.2025 issued by the Respondent No. 2 to the petitioner fair price shop no. 0119001 situated at Peddapadu Village, Srikakulam Mandal, Srikakulam District., without consider the explanation the petitioner as illegal, arbitrary without jurisdiction vide of and violation of principles of natural justice beside violation of Articles 14, 19g and 21 of the constitution of India consequently direct the respondents authorities to forthwith continue the petitioner Fair Price Shop No. 0119001 situated at Peddapadu Village, Srikakulam Mandal, Srikakulam District by regularly supplying the essential commodities. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further Proceedings in RC.No. 82 / 2025, dated 20.01.2025 issued by the Respondent No. 2 by continuing the petitioner as a Fair Price Shop vide shop No. 0119001 situated at Peddapadu Village, Srikakulam Mandal, Srikakulam District regularly supplying the essential commodities, pending disposal of the above writ petition. Counsel for the Petitioner: SRI NAGA RAJU KOLLATI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER BSB,J W.P.No.2015 of 2025 APHC010039942025 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: 2015/2025 Between: 1.BAGU DASARADHA.. S/0. LATE DALAYYA, AGED ABOUT 54 YEARS, OCC. FAIR SHOP DEALER, R/0. PEDDAPADU -1, SRIKAKULAMMANDAL, SRIKAKULAMDISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE REVENUE DIVISIONAL OFFICER, SRIKAKULAM DIVISION, SRIKAKULAM DISTRICT. 3.THE TAHSILDAR, SRIKAKULAM MANDAL, SRIKAKULAM DISTRICT. ...RESPONDENT{S): Counsel for the Petitioner: 1.NAGA RAJU KOLLATI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: BSB,J W.P.No.2015of2025 ORDER: 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 and setting aside the proceedings vide RC.No. 82/ 2025, dated 20.01.2025 issued by the Respondent No. 2 to the petitioner fair price shop No. 0119001 situated at Peddapadu Village, Srikakulam Mandal, Srikakulam District., without consider the explanation of the petitioner as illegal, arbitrary without jurisdiction and violation of principles of natural justice beside violation of Articles 14, 19g and 21 of the constitution of India consequently direct the respondents authorities to forthwith continue the petitioner Fair Price Shop No. 0119001 situated at Peddapadu Village, Srikakulam Mandal, Srikakulam District by regularly supplying the essential commodities and to pass ” Heard the learned counsel for the petitioner and the learned Assistant 2. Government Pleader for Civil Supplies appearing for the respondent Nos. 1 to 3. The case of the petitioner, in brief, is as follows: The petitioner was appointed as a fair price shop dealer for shop 3. No.0119001 of Peddapadu Village, Srikakulam Mandal, Srikakulam District and it was renewed from time to time and the same was renewed upto 31.03.2026. While so, on 02.01.2024, the respondent No.3/Tahsildar, Civil Supplies, Srikakulam Mandal & District along with his staff inspected the petitioner fair price shop on the ground that there is variation in the stock. The inspecting officials found that 864 Qts of rice and 3 Pkt of PDS sugar was deficit at the petitioner’s fair shop and seized the EPOs machine and weighing machine. The respondent No.3 reported to the respondent No.2, who in turn L i \ W.P.No.2015 of 202 issued a show cause notice bearing Rc.No.82/2025 dated 20.01.2025. It is the case of the petitioner that though there are no irregularities and complaints, without conducting proper enquiry and following due process of law, denying to supply the essential commodities is illegal. Learned Assistant Government Pleader submits that no instructions 4. have been received in this regard. Since, as on date, no disciplinary action has been taken against the petitioner, supply of essential commodities cannot be denied as long as the 5. authorization is in force. In the result, the Writ Petition is disposed of, with a direction to the 6. 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. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Srikakulam Division, Srikakulam District. s 3. The Tahsildar, Srikakulam Mandal, Srikakulam District. 4. One CC to Sri Naga Raju Kollati, Advocate [OPUC] 5. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies TF T HIGH COURT DATED:27/01/2025 ORDER 5 2 'I FEB 2025 r WP.No.2015 Of 2025 o\ “St^ ^ Current Section . ^ Col DISPOSING OF THE W.P., WITHOUT COSTS