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High Court of Andhra Pradesh · body

2025 DAILYLAW 5011 (AP)

BANGARI MADHAVAYYA v. The State of Andhra Pradesh,

WP/2010/2025 · 2025-01-27

B S Bhanumathi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY // TWO THOUSAND AND TWENTY FIVE iO I </ X! X PRESENT V. - THE HONOURABLE MS JUSTICE B. S. BHANUMATHI WRIT PETITION NO: 2010 OF 2025 Between: Bangari Madhavayya, S/o. Chandrayya, aged about 36 Years. Occ: F.P.Shop Dealer F.P.Shop No.0134052, R/o. Ranigam Village Sompeta Mandal Srikakulam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep., by its Principal secretary Food Civil Supplies and Consumer Affairs (CS-I) Dept., Secretariat Buildings Velagapudi, Amaravati. Guntur District. 2. The Collector (CS), Srikakulam, Srikakulam District. 3. The Revenue Divisional Officer, Palasa, Srikakulam District. 4. The Tahsildar, Sompeta Mandal, Srikakulam 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 be pleased to issue a Writ of mandamus or any other appropriate writ order may or direction to declaring the action of the respondents not issuing Essential Commodities to the petitioner herein, for distribution to the card holders attached to Ranigam Village, in Sompeta Mandal, Srikakulam District, in spite of subsisting the petitioner's F.P shop authorization arbitrary and in violation of principles of Natural Justice and is illegal, contrary to the provisions of A.P State Targeted Public Distribution System (Control) Order, 2018, and consequently direct the respondent Nos. 3'^'^ and 4*'^ herein, to supply the Essential Commodities to the petitioner and allow him ' to distribute the same to the petitioner's F.P shop. , lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ 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.0134052 attached to Ranigam Village, in Sompeta Mandal, Srikakulam District, pending disposal of the writ petition. Counsel for the Petitioner: SRI GNANESWARA RAO MITTIREDDI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER 8 fiA APHC010039322025 IN THE HIGH COURT OF ANDHRA PRADESH AT 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: 2010/2025 [3311] Between: Bangari Madhavayya ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: ...RESPONDENT(S) 2 BSB, J W.P.No.2010 of 2025 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition No. 2010 of 2025 ORDER: The Writ Petition is filed seeking the following prayer: “ to issue a Writ of mandamus or any other appropriate writ order or direction to declaring the action of the respondents not issuing Essential Commodities to the petitioner herein for distribution to the card holders attached to Ranigam Village in Sompeta Mandal, Srikakulam 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 Targeted Public Distribution System (Control) Order, 2018 and consequently direct the respondent Nos. 3'"^ and herein, to supply the Essential Commodities to the petitioner and allow him to distribute the same to the petitioner’s F.P shop and pass such other order or orders ” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. The case of the petitioner, in brief, is as follows: The petitioner was appointed as a fair price shop dealer for shop No.0134052, Ranigam Village, Sompeta Mandal, Srikakulam District in 3 BSBJ W.P.No.2010of2025 i the year 2011 Since then, the petitioner was distributing the commodities to the public without any remarks. 10.12.2024, the Sub-Inspector of Police, Vigilence & Enforcement, Srikakulam along with MRI surprised the fair price shop of the petitioner and found variation in the stocks. It is the case of the petitioner that though there are no irregularities and complaints, without conducting proper enquiry and without following due process of law, denying to supply the essential commodities is illegal. While so, on 4. The learned Assistant Government Pleader submits that he has not received any written instructions. 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 she has license, if she 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. 6. mm 4 \ BSB, J W.P.No.2010 of 2025 Pending miscellaneous applications, if any, shall stand closed. SOI- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// f ^ ' SECllOM OFFICER To, The Principal Secretary. Food, Civil Supplies and Consumer Affairs (CS-I) Dept., State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravati, Guntur District. The Collector (CS), Srikakulam, Srikakulam District. The Revenue Divisional Officer, Palasa, Srikakulam District. The Tahsildar, Sompeta Mandal, Srikakulam District. One CC to Sri Gnaneswara Rao Mittireddi, Advocate [OPUC] Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] Three C.D. Copies. 1. 2. 3. 4. 5. 6. 7. Cnr HIGH COURT DATED:27/01/2025 ORDER WP.No.201 Oof 2025 2 8 FEB 2025 Yx Current Section * ^ DISPOSING OF THE W.P. WITHOUT COSTS