APHC010606782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31404/2025 Between: 1. SMT.DUGGINENI NAGAVARDHANAMMA, W/O NARASIMHA RAO, AGED 57 YEARS, OCC F.P.SHOP DEALER, R/O THONDAPI VILLAGE, MUPPALLAMANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, SATTENAPALLI, PALNAD DISTRICT. 3. THE TAHSILDAR, MUPPALLA MANDAL, PALNADU 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 a Writ of Mandamus or any other appropriate Writ Order or direction, declaring the inaction on the part of the second respondent in restoring petitioners Fair Price Shop No. 0723003 of Thondapi village, Muppalla Mandal, Palnadu District, as illegal, arbitrary and contrary to the provisions of A.P.S.T.P.D.S. (Control) Order, 2018 and issue consequential direction to the respondents to allot Essential Commodities to the petitioners Fair Price Shop No. 0723003 of Thondapi village of Muppalla Mandal, Palnadu District forthwith and pass such 2 VS,J WP No. 31404 of 2025 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 may be pleased to direct the respondents to supply Essential Commodities to the petitioner’s Fair Price Shop No. 0723003 of Thondapi village, Muppalla Mandal, Palnadu District pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: 1. D KRISHNA MURTHY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following 3 VS,J WP No. 31404 of 2025 ORDER: The present writ petition came to be filed under Article 226 of Constitution of India seeking the following relief: “…….to issue a Writ of Mandamus or any other appropriate Writ Order or direction, declaring the inaction on the part of the second respondent in restoring petitioner’s Fair Price Shop No. 0723003 of Thondapi village, Muppalla Mandal, Palnadu District, as illegal, arbitrary and contrary to the provisions of A.P.S.T.P.D.S. (Control) Order, 2018 and issue consequential direction to the respondents to allot Essential Commodities to the petitioner’s Fair Price Shop No.0723003 of Thondapi village of Muppalla Mandal, Palnadu District...” 2. The brief facts of the case are as follows: a) The petitioner was appointed as a permanent Fair Price Shop dealer in the year 1990 for Shop No.0723003 of Thondapi Village, Guntur District. Thereafter, the petitioner’s authorization has been extended from time to time. b) While things stood thus, due to a problem in her eyesight, the petitioner intended to undergo eye surgery for her left eye. As such, she submitted an application date 02.08.2025 to the 2nd respondent requesting two months’ leave. Accordingly, the 2nd respondent granted leave to the petitioner from 12.08.2025 to 11.10.2025 vide proceedings dated 23.08.2025. After surgery, the petitioner reported back and requested the 2nd respondent to restore the fair price shop in her favour vide representation dated 07.10.2025, duly enclosing the ‘Medical Certificate of Fitness to Return to Duty’ dated 4 VS,J WP No. 31404 of 2025 04.10.2025 issued by the Civil Assistant Surgeon, Government General Hospital, Guntur. In spite of the same, as the 2nd respondent has not restored the subject fair price shop in favour of the petitioner, the petitioner was constrained to file the present writ petition. 3. Heard the learned counsel for the petitioner and as well as learned Assistant Government Pleader for Civil Supplies. 4. The learned Assistant Government Pleader for Civil Supplies has stated that, in pursuance of the representation of the petitioner dated 07.10.2025, the 2nd respondent addressed a letter dated 08.10.2025 to the 3rd respondent directing him to conduct an enquiry into the contents of the representation made by the petitioner and submit a compliance report and that the said enquiry is under process. 5. In view of the fact that the 2nd respondent granted leave to the petitioner from 12.08.2025 to 11.10.2025 vide proceedings dated 23.08.2025, the 2nd respondent is bound to restore the petitioner’s Fair Price Shop on a representation submitted by the petitioner duly enclosing all the medical certificates. This Court is of the opinion that no further enquiry would be necessary against the petitioner, as it is not the case of the respondent authorities that the absence of the petitioner from 12.08.2025 to 11.10.2025 is unauthorized. 6. In view of the above, the Writ Petition is disposed of, directing the 2nd respondent to restore the subject fair price shop in favour of the petitioner 5 VS,J WP No. 31404 of 2025 within a period of one (1) week from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed. __________________ JUSTICE V. SUJATHA Date : 13-11-2025. KGR / JAK