V APHC010482682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25656 OF 2025 o: -O’ 4 7i II > .4/ Between: S/o Alamuri Kamal, Aged about 38 years, Occ. F.P Alamuri Moulali Shop Dealer, R/o D.No.1/10, Gangayapalle Village, Thalluru Mandal, Y.S.R District. ...Petitioner AND 1. The State Of Andhra Pradesh, rep., by its Principal Secretary, Civil Secretariat Buildings, Velagapudi, Andhra Supplies Department, Pradesh 2. The Joint Collector, Kadapa Y.S.R.District. Divisional Officer, Kadapa Revenue Division, Kadapa. 3. The Revenue Y.S.R District. 4. The Tahsildar, Vallur Mandal Y.S.R.District. Deputy Tahsildar, Civil Supplies Vallur Mandal, Y.S.R.District. Mandal Revenue Inspector, Vallur Mandal, Y.S.R.District. Officer, Gangayapalle Village, Vallur Mandal, 5. The 6. The 7. The Village Revenue Y.S.R.District ...Respondents 226 of the Constitution of India praying that in the Petition under Article circumstances stated in the affidavit filed therewith, the High Court may be direction more particularly one pleased to issue an appropriate Writ, Order or in the nature of Writ of Mandamus declaring the action of respondents No.5 to along with the e-Pos Machine and the stock is well 7 in seizing the essential commodities Machine eventhough, the variation in and the consequential action of respondent No.5 commodities for the Fair Price Shop Electronic Weighing within the permissible limits not allotting the essential No.1126006, Gangayyapalli Village, Vallur Mandal, Y.S.R District, as and contrary the Andhra in r arbitrary; illegal, colorable exercise of power Pradesh Targeted Public Distribution System (Controi) Order, 2018 and aiso apart from being violative of the under Articles 14, 19 and 21 of the direct the respondents to supply the well established legal principles fundamental rights guaranteed to me Constitution of India and consequently essential commodities to the Fair Village, Vallur Mandal, Y.S.R District, Infavour of the petitioner. the Price Shop No.1126006, Gangayyapaiii lA NO: 1 OF 2025 under Section 151 epc praying that in the circumstances stated Petition in the affidavit filed in support of the petition, the High Court may be piease o essential commodities to the Fair Price direct the respondents to supply the Shop No.1126006 infavour of the petitioner Counsel for the Petitioner: SRi V R REDDY KOWURi Respondent Nos.1 to 7: GP FOR CIViL SUPPLIES Y S.R District, Gangayyapalli Village, Vallur Mandal pending disposal of the above Writ Petition. Counsel for the The Court made the following . 4 Af’HCOI 0482682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) wm [3333] f ■Ji.’:!? r MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25656/2025 Between: S/0 ALAMURI KAMAL, AGED ABOUT 33 1.ALAMURI MOULALI YEARS, OCC. F.P SHOP DEALER, R/0 D.NO.1/10, GANGAYAPALLE VILLAGE, THALLURU MANDAL, Y.S.R DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, CIVIL BUILDINGS, SECRETARIAT SUPPLIES DEPARTMENT, VELAGAPUDI, ANDHRA PRADESH 2.THE JOINT COLLECTOR, KADAPA Y.S.R.DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, KADAPA REVENUE DIVISION, KADAPA. Y.S.R DISTRICT. 4.THE TAHSILDAR, VALLUR MANDAL Y.S.R.DISTRICT. 5.THE DEPUTY TAHSILDAR, CIVIL SUPPLIES VALLUR MANDAL, Y.S.R.DISTRICT. 6.THE MANDAL REVENUE INSPECTOR, VALLUR MANDAL, Y.S.R.DISTRICT. 7.THE VILLAGE REVENUE OFFICER, GANGAYAPALLE VILLAGE, VALLUR MANDAL, Y.S.R.DISTRICT ...RESPONDENT(S): 2 VS,J W.P. No. 25656 of 2025 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents No.5 to 7 in seizing the essential commodities along with the e- Pos Machine and Electronic Weighing Machine eventhough, the variation in the stock is well within the permissible limits and the consequential action of respondent No.5 in not allotting the essential commodities for the Fair Price Shop No.1126006, Gangayyapalli Village, Vallur Mandal, Y.S.R District, as arbitrary, illegal, colorable exercise of power and contrary the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018 and also the well established legal principles apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to supply the essential commodities to the Fair Price Shop No.1126006, Gangayyapalli Village, Vallur Mandal, Y.S.R District, infavour of the petitioner and pass lA 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 respondents to supply the essential commodities to the Fair Price Shop No.1126006, Gangayyapalli Village, Vallur Mandal, Y S.R District, infavour of the petitioner, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1.VR REDDY KOVVURI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES 3 4 v$,j W.P. No. 25656 of 2025 The Court made the following 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 particuiarly one in the nature of Writ of Mandamus declaring the action of respondents No. 5 to 7 in seizing the essential commodities along with the e-Pos Machine and Electronic Weighing Machine even though, the variation in the stock is well within the permissible limits and the consequential action of respondent No. 5 in not allotting the essential commodities for the Fair Price Shop No. 1126006. Gangayyapalli Village, Vallur Mandal, Y.S.R. District, as arbitrary, illegal, colorable exercise of power and contrary the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018 and also the well established legal principles apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to supply the essential commodities to the Fair Price Shop No.1126006, Gangayyapalli Village, Vallur Mandal, Y.S.R. District In favour of the petitioner and to pass such other order or orders ....” The petitioner was appointed as a fair price shop dealer for shop No.1126006 of Gangayyapalli Village, Vallur Mandal, Y.S.R. District on permanent basis in the year, 2010. Since then, he has been supplying the essential commodities to the card holders without any negative remarks 2. whatsoever. While the matter being so, the respondent Nos.5 to 7 inspected the petitioner’s fair price shop on 09.10.2024 and have identified the variation of stocks of two essential commodities i.e., (-) 30 Kgs of rice and (-) dYz Kg packets of sugar and also conducted panchanama in the presence of the petitioner. Thereafter, the respondent Nos.5 to 7 seized the above mentioned 3. 4 VS,J W.P. No. 25656 of 2025 Stock available in the petitioner’s fair price shop along with the e-PoS th machine, electronic weighing machine and handed over the same to the 7 respondent, until further orders, under the cover of a panchanama dated 09.10.2024. Basing on the report submitted by the 4*^^ respondent dated 10.10.2024, the 3'"'^ respondent has issued a show cause notice on 15.11.2024, calling for explanation from the petitioner. For which, the petitioner has submitted his explanation on 23.11.2024. 4. The grievance of the petitioner is that, in spite of submitting his explanation on 23.11.2024, till date, the respondent have neither finalized the disciplinary proceedings as against the petitioner nor have supplied the essential commodities to the petitioner. 5. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies representing the respondents. Learned Assistant Government Pleader for Civil Supplies has furnished a copy of the written instructions of the 4^*^ respondent, wherein, it is admitted that the show cause notice was issued on 15.11.2024 and as well as the 6. explanation was submitted by the petitioner on 23.11.2024. It is further stated that so far the disciplinary proceedings have not been finalized either by suspending the petitioner’s authorization or by cancelling the same, which fact admittedly establishes that so far the disciplinary proceedings has not been finalized by the respondents. : 5 4 VS,J W.P. No. 25656 of 2025 Earlier, a similar question came up before the Full Bench of High Court of Andhra Pradesh in Oleti Tirupathamma v. District Supply Officer (City) Visakhapatnam and others^ wherein the Court held as follows - “A statutory authority, it is trite, must act within the four corners of the statute in terms of the statutory orders and procedure laid down to suspend the licence. As already noticed hereinbefore, the authorities under the relevant orders have power to suspend the authorisation or licence of the dealer. Without applying its mind and without taking thereto, the Court should not normally permit the authorities, unless extraordinary situation exists, to allow them to do something indirectly, which they cannot do it directly. If a broad proposition to this effect is laid down, the same, in a given case may amount to abuse of the process of law. The High Court while exercising its jurisdiction under Article 226 of the Constitution of India, acts sentinel qui vive and thus it has to protect the citizen from arbitrary and capricious action of the executive. If the licensing authority themselves upon application of mind come to the conclusion that the irregularities committed by the f^ price shop dealer would warrant suspension of his licence, it may do so. But, in our considered opinion, the authority without taking recourse to the said action, cannot, refuse to supply the essential commoditie.^ In the event an order of suspension of licence is passed, the agthoriti^ will have to make an alternative arrangement. But, in a case of thjs the card holders would be the worst sufferers inasmuch their essential commodities would not be supplied to them at all." In view of the law laid down by Full Bench of High Court of Andhra Pradesh in the aforesaid judgment, this Court is of the opinion that the action 7. recourse nature 8. '2002 (1) ALD 577 Ite 6 VS,J W.P. No. 25656 of 2025 of the respondents is illegal and arbitrary. Therefore, the respondents are directed to supply essential commodities to the petitioner by allowing him to distribute the same to the card holders, allotted to his fair price shop, till his dealership is terminated or till passing an order under Clause 8(4) of the Control Order, 2018. Accordingly, the Writ Petition is disposed of. The respondents are at liberty to pass appropriate orders duly considering the explanation submitted by the petitioner on 23.11.2024. There shall be no order as to costs. 9. As a sequel, Interlocutory Applications pending, if any, shall stand closed Sd/- SRI T SRINIVASA RAO ASSISTANT REGI^RAR //true copy// SECTION OFFICER To, Secretariat 1. The Principal Secretary, Civil Supplies Department, Buildings, Velagapudi, Andhra Pradesh 2. The Joint Collector, Kadapa Y.S.R.District. Divisional Officer, Kadapa Revenue Division, Kadapa. 3. The Revenue Y.S.R District. 4 The Tahsildar, Vallur Mandal Y.S.R.District. Tahsildar, Civil Supplies Vallur Mandal, Y.S.R.District. 5. The Deputy 6. The 7. The Village Revenue Mandal Revenue Inspector, Vallur Mandal, Y.S.R.District. Officer, Gangayapalle Village, Vallur Mandal, Y.S.R.District 8. OneCCto 9. Two CCs to GP Pradesh [OUT] 10. Two CD Copies. SRI. V R REDDY KOWURI Advocate [OPUC] FOR CIVIL SUPPLIES High Court of Andhra AL HIGH COURT DATED:22/09/2025 ORDER WP NO. 25656 OF 2025 0 fi NOV 2025 if ^4iurrent SectioaXj^ o Co DISPOSING OF THE W.P. WITHOUT COSTS /