Extracted from the PDF above. The PDF is authoritative.
APHC010041012025
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: 2027/2025 Between:
1. T VENKATESH, S/O. NAJAPPA, AGED 50 YEARS, OCC F.P. SHOP DEALER, F.P. SHOP NO.1258004, D.NO.1-507, PARIGI MANDAL, SRI SATYA SAI DISTRICT.
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT.
2. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT.
3. THE JOINT COLLECTOR, SRI SATYA SAI DISTRICT.
4. THE SUB COLLECTOR CUM REVENUE DIVISIONAL OFFICER, PENUKONDA, SRI SATYA SAI DISTRICT.
5. THE TAHSILDAR, LEPAKSHI, SRI SATYA SAI DISTRICT.
...RESPONDENT(S): Counsel for the Petitioner:
1. DUNGA RITHESH NAIDU Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES
2 BSB,J W.P.No.2027 of 2025
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 the action of the respondents no.2 to 5 in not releasing the Essential Commodities to the petitioner's F.P.Shop No. 1258004, Parigi Mandal, Sri Satya Sai District in spite of subsisting the petitioner's F.P. shop authorization is illegal and arbitrary and consequently direct the respondents to supply the commodities continuously by continuing the petitioner as F.P. Shop dealer of F.P.Shop No. 1258004, Parigi Mandal, Sri Satya Sai District and to pass…….”
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.01528004, Parigi Mandal, Sri Satya Sai District, on permanent basis by 4th respondent vide proceedings Rc.No.112/2008 dated 11.03.2008 and it was renewed from time to time and finally, it was renewed on 31.03.2025. Since then, the petitioner was distributing the commodities to the public without any remarks. While so, the respondent authorities are not releasing the essential commodities to the petitioner’s fair price shop. 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.
3 BSB,J W.P.No.2027 of 2025
4. Learned Assistant Government Pleader submits that he has not received any instructions in this regard.
5. 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.
6. 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 hhe 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. ___________________ B. S. BHANUMATHI, J Dt.27-01-2025 KLK