APHC010637152022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 38052/2022 Between: 1. K SREERAMULU, S/O VENKATASWAMMY, AGE 42 YEARS, OCC FAIR PRICE SHOP DEALER, R/O H.NO.3-18, N.RACHARLA VILLAGE, PEAPULLY MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT,SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE JOINT COLLECTOR, NANDYAL, NANDYAL DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, DHONE REVENUE DIVISION, DHONE, NANDYAL DISTRICT. 4. THE TAHSILDAR, PEAPULLY MANDAL, PEAPULLY, NANDYAL 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 and 4 in not supplying the Essential Commodities to the petitioner's FP Shop No.1348043 of N.Racharla Village, Peapully Mandal, Nandyal District, basing on the Panchayama report dated 05-08-2022, as illegal, arbitrary, unjust and 2 VS,J W.P.No.38052 of 2022 violation of principles of natural justice and consequently direct the respondents to supply the Essential Commodities to the the petitoner's FP Shop No.1348043 of N.Racharla Village, Peapully Mandal, Nandyal District and pass IA NO: 1 OF 2022 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 forthwith to supply the Essential Commod ties to the the petitoner's FP Shop No.1348043 of N.Racharla Village, Peapully Mandal, Nandyal District, pending disposal of the writ petition and pass IA NO: 1 OF 2023 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 order dated 13-12-2022 passed in IA No. 1 of 2022 In WP No. 38052 of 2022 and dismiss the above writ petition and pass Counsel for the Petitioner: 1. U RAMANJANEYULU Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.38052 of 2022 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.38052 of 2022 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 and 4 in not supplying the Essential Commodities to the petitioner's FP Shop No.1348043 of N.Racharla Village, Peapully Mandal, Nandyal District, basing on the Panchayama report dated 05-08-2022, as illegal, arbitrary, unjust and violation of principles of natural justice and consequently direct the respondents to supply the Essential Commodities to the petitioner's FP Shop No.1348043 of N.Racharla Village, Peapully Mandal, Nandyal District…= 2. The petitioner was appointed as a permanent Fair Price Shop dealer for Shop No.43 of N.Racharla Village, Peapully Mandal, Nandyal District vide Rc.B/817/2000, dated 20.02.2004 by the 3rd respondent. On 11.11.2022, the petitioner submitted an application for renewal of authorization and the same is pending for consideration. The case of the petitioner is that since the date of appointment he has been distributing Essential Commodities to the cardholders without there being any complaint from any corner. 3. While the matter stood thus, on 05.08.2022, the Special Tahsildar and other officers conducted inspection over the petitioner’s Fair Price Shop and found variation of PMGKAY rice (-900 kgs), sortex rice (-93kgs) and red gram dal (+19kgs). Accordingly, a panchanama was drafted in the presence of mediators, seized the essential commodities and submitted a report to the 4th respondent. The grievance of the petitioner in the present writ petition is that 4 VS,J W.P.No.38052 of 2022 thereafter, without initiating any disciplinary proceedings as against him, the respondents stopped the essential commodities to the petitioner. Challenging which, the present writ petition is filed. 4. When the writ petition came up for admission, on 13.12.2022, this Court passed the following interim order. <…the Respondents are directed to supply the essential commodities forthwith to the petitioner shop to enable the petitioner to distribute the same to the Card Holders=. 5. The 3rd respondent has filed a counter affidavit reiterating the facts as stated by the petitioner. However, it is stated that basing on the report dated 06.08.2022 submitted by the 4th respondent regarding certain irregularities committed by the petitioner, a show cause notice was issued to the petitioner by the 3rd respondent on 30.08.2022. For which, the petitioner submitted an explanation on 16.09.2022. After thorough verification of the material papers submitted by the petitioner, it was noticed that the petitioner had no valid authorization as on the date of inspection, i.e., 05.08.2022 and even without waiting for the outcome of the disciplinary proceedings he straight away approached this Court and obtained interim orders, and in pursuance of the interim orders, the petitioner has been continued as a Fair Price Shop dealer. 6. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Civil Supplies. 7. During the course of arguments, the learned Assistant Government Pleader submitted that as the petitioner’s authorization had not been renewed 5 VS,J W.P.No.38052 of 2022 since 2014, essential commodities were not supplied to the petitioner’s Fair Price Shop. 8. Considering the fact that, if at all, the petitioner’s authorization was not renewed from 2015 and it was noticed during the inspection on 05.08.2022 that the authorization was not in force, the issue that arises for consideration is as to how the 3rd respondent permitted the petitioner to continue to run the Fair Price Shop till 2022 when, according to the respondents, the authorization had not been renewed since 2015. When the petitioner has specifically stated that he has paid the renewal charges, and when the counter affidavit itself discloses the dates on which the petitioner remitted the renewal fees, the question of petitioner’s authorization not being renewed does not arise. The petitioner applied for renewal as detailed below:- S.No. Previous renewal valid/would have valid upto Last date for application of renewal of authorization Period to be renewed. 1 31.03.2016 28.02.2016 01.04.2016 to 31.03.2018 2 31.03.2018 28.02.2018 01.04.2018 to 31.03.2020 3 31.03.2020 29.02.2020 01.04.2020 to 31.03.2022 4 31.03.2022 28.02.2022 01.04.2022 to 31.03.2024 9. In view of the facts and circumstances of the case, and considering that the petitioner has submitted the renewal fees and has been continuing to run the Fair Price Shop without any disciplinary proceedings initiated against him, the impugned action of the respondents in withholding the supply of Essential 6 VS,J W.P.No.38052 of 2022 Commodities is illegal, arbitrary, and violative of the principles of natural justice. 10. Accordingly, the Writ Petition is disposed of directing the respondents to continue the petitioner as a Fair Price Shop dealer for Shop No.1348043 of N.Racharla Village, Peapully Mandal, Nandyal District and supply Essential Commodities. Further, the respondents are directed to consider the applications filed by the petitioner for renewal of his authorization and renew his authorization in accordance with law. No costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :01.12.2025 JLV 7 VS,J W.P.No.38052 of 2022 291 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 38052/2022 Date :01.12.2025 JLV