Sri Shaik Mahabub Subhani, v. The State of Andhra Pradesh,
WP/13310/2025 · 2025-10-07
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51943 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51943 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010248742025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13310/2025 Between:
1. SRI SHAIK MAHABUB SUBHANI,, S/O SHAIK IBRAHIM SUBHANI, AGED ABOUT 44 YEARS, OCC FP SHOP DEALER, SHOP. NO. 0821041,
R/O UPPUTURU VILLAGE, PARCHUR MANDAL, PRAKASHAM DISTRICT.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE REVENUE DIVISIONAL OFFICER, BAPATIA DIVISION, PRAKASHAM DISTRICT.
3. THE TAHSILDAR, PARCHUR MANDAL, CHITTOOR 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 topleased to issue a Writ of Mandamus or any other appropriate Writ,
Order, or Direction, declaring the action of the 2nd and 3rd respondents in not supplying the essential commodities to the petitioner fair price shop No. 0821041, located in R/o Upputuru Village, Parchur Mandal, Prakasham District, without there being any suspension nor cancellation of authorization, is illegal, arbitrary, and a violation of Articles 14, 19, and 21 of the
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Constitution of India. Consequently, direct the 2nd and 3rd respondents to supply the essential commodities to the petitioner fair price shop No. 0821041, located at R/o Upputuru Village, Parchur Mandal, Prakasham District 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 2nd & 3rd respondents to supply the essential commodities to the petitioner fair price shop No. 0821041, located at R/o Upputuru Village, Parchur Mandal, Prakasham District by enabling him to supply essential commodities to the card holders, pending the disposal of the above Writ Petition, Counsel for the Petitioner:
1. K SRINIVAS Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following:
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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 of Mandamus or any other appropriate Writ, Order, or Direction, declaring the action of the 2nd and 3rd respondents in not supplying the essential commodities to the petitioner fair price shop No. 0821041, located in R/o Upputuru Village, Parchur Mandal, Prakasham District, without there being any suspension nor cancellation of authorization, is illegal, arbitrary, and a violation of Articles 14, 19, and 21 of the Constitution of India. Consequently, direct the 2nd and 3rd respondents to supply the essential commodities to the petitioner fair price shop No. 0821041, located at R/o Upputuru Village, Parchur Mandal, Prakasham District….”
2. The petitioner herein is a fair price shop dealer of shop No.0821041 of Upputuru village, Parchur mandal, Prakasam district and has been distributing essential commodities to the cardholders without there being any complaint either from the cardholders or from the respondent authorities. 3. While the matter stood thus, on 08.04.2025, the revenue officials have inspected the petitioner’s fair price shop and found certain variations in the stocks of PDS rice and sugar. Accordingly, the revenue officials requested the 2nd respondent to initiate a case against the petitioner under Section 6A of the Essential Commodities Act basing on which, the 2nd respondent has issued a show cause notice dated 16.04.2025 by framing three charges and called for an explanation to be submitted by the petitioner on or before
23.04.2025. The petitioner has submitted his explanation on 24.04.2025. The grievance of the petitioner is that, without finalizing the disciplinary
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proceedings against the petitioner and without there being any suspension or cancellation of the petitioner’s authorization of the fair price shop, the respondents have stopped supply of essential commodities to the petitioner’s fair price shop. Aggrieved by the same, the present writ petition is filed. 4. Heard Mr. K. Srinivas, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 5. Today when the writ petition came up for hearing, learned Assistant Government Pleader has furnished a copy of the proceedings of the 2nd respondent vide Rc.No.154/2025-B, dated 02.05.2025 through which the petitioner’s authorization of the fair price shop No.0821041 of Upputuru village of Parchur mandal was suspended, pending enquiry. 6.
In view of the fact that pending the present petition, the petitioner’s authorization was already suspended vide proceedings of the 2nd respondent dated 02.05.2025, this Court is of the opinion that no further cause survives in the present writ petition. 7. Accordingly, this writ petition is closed. However, the petitioner is at liberty to challenge the suspension proceedings dated 02.05.2025 of the 2nd respondent, if at all he is advised to do so. No costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date:08.10.2025. Gss