APHC010498782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 25486 OF 2025 / Between: Smt. B. Krishna Veni, W/o. Bhaskar, Aged about 32 years, Occ; Fair Price Shop Dealer (Temporary) F.P. Shop No. 1282061, Resident of Rajiv Gandhi Nagar, Kadiri Town and Mandal, Sri Satya Sai District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Buildings, Velagapudi, Amaravati, Guntur District. 2. The Collector Civil Supplies, Sri Satya Sai District, Puttaparthi. 3. The Revenue Divisional Officer, Kadiri Division, Kadiri, District. 4. The Tahsildar, Kadiri Mandal, Sri Satya Sai District. 5. The Civil Supply Deputy Tahsildar, Kadiri Mandal, District. 6. The Village Revenue Officer, Rajiv Gandhi Nagar, Kadiri Mandal Satya Sai District. Secretariat Sri Satya Sai Sri Satya Sai Sri ...Respondents 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 nature of Writ of Mandamus declaring the action of the 4*^ Respondent in ’ issuing the proceedings in Rc.No. 265 /2025/CS, dated 15.09.2025, appointing the 6^^ Respondent as in-charge of Fair Price Shop No. 1282061, Rajiv Gandhi Nagar, Kadiri Mandal, without any order of termination or cancellation and without following the procedure as contemplated under A.P State Targeted Public Distribution System Control Order 2018 is illegal, arbitrary and violative of principles of natural justice and the A.P. State Targeted Public Distribution System (Control) Order, 2018,and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents No.2 to 4 to forthwith restore the possession of F.P. Shop No. 1282061,Rajiv Gandhi Nagar, Kadiri Mandal including the ePoS machine and electronic weighing scale, to the petitioner and to ensure the regular supply of Essential Commodities for distribution to the cardholders. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the proceedings of the 4'^ Respondent in Rc.No. 265 /2025/CS, dated 15.09.2025, and direct the Respondents 2 to 4 to immediately restore the ePoS machine and permit the petitioner to run the Fair Price Shop No. 1282061, Kadiri Mandal, by supplying the monthly quota of essential commodities pending disposal of the Writ Petition. Counsel for the Petitioner: Mrs. S. AYESHA AZMA Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: % APHC010498782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0:^.0 0it;>ti [3333] ;'h FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25486/2025 Between: 1.SMT. B. KRISHNA VENI, , W/0 BHASKAR, AGED ABOUT 32 YEARS, OCC- FAIR PRICE SHOP DEALER (TEMPORARY) F.P. SHOP NO. 1282061, AND MANDAL, SRI SATYA $AI DISTRICT, ANDHRA PRADESH. ...PETITIONER RESIDENT OF RAJIV GANDHI NAGAR, KADIRI TOWN AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL BUILDINGS, SECRETARIAT SUPPLIES DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE COLLECTOR CIVIL SUPPLIES, SRI SATYA SAI DISTRICT, PUTTAPARTHI. 3.THE REVENUE DIVISIONAL OFFICER, KADIRI DIVISION, KADIRI, SRI SATYA SAI DISTRICT. 4.THE TAHSILDAR, KADIRI MANDAL, SRI SATYA SAI DISTRICT. 5.THE CIVIL SUPPLY DEPUTY TAHSILDAR, KADIRI MANDAL, SATYA SAI DISTRICT. 6.THE VILLAGE REVENUE OFFICER, RAJIV GANDHI NAGAR, KADIRI MANDAL, SRI SATYA VSAI DISTRICT. SRI ...RESPONDENT(S): 2 V5- 'if W.P.NO.25486 OF 202b 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 nature of Writ of Mandamus declaring the action of the 4th Respondent in issuing the proceedings in Rc.iMo. 265 /2025/CS, dated 15.09.2025, appointing the 6th Respondent as in-charge of Fair Price Shop No. 1282061, Rajiv Gandhi Nagar, Kadiri Mandal, without any order of termination or cancellation and without following the procedure as contemplated under A.P State Targeted Public Distribution System Control Order 2018 is illegal, arbitrary and violative of principles of natural justice and the A.P. State Targeted Public Distribution System (Control) Order, 2018,and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents No.2 to 4 to forthwith restore the possession of F.P. Shop No. 1282061,Rajiv Gandhi Nagar, Kadiri Mandal including the ePoS machine and electronic weighing scale, to the petitioner and to ensure the regular supply of Essential Commodities for distribution to the cardholders 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 suspend the proceedings of the 4th Respondent in Rc.No. 265 /2025/CS, dated 15.09.2025, and direct the Respondents 2 to 4 to immediately restore the ePoS machine and permit the petitioner to run the Fair Price Shop No. 1282061, Kadiri Mandal, by supplying the monthly quota of essential commodities pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.AYESHAAZMAS Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.NO.25486 OF 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: "...Jo issue an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the 4'^ Respondent in issuing the proceedings in Rc.No. 265/2025/CS, dated 15.09.2025, appointing the 6"’ Respondent as in-charge of Fair Price Shop No. 1282061, Rajiv Gandhi Nagar, Kadiri Mandal, without any order of termination or cancellation and without following the procedure as contemplated under A.P State Targeted Public Distribution System Control Order 2018 Is Illegal, arbitrary and violative of principles of natural justice and the A.P. State Targeted Public Distribution System (Control) Order, 2018, and violative of Articles 14 and 21 of the Constitution of India and conseguently direct the Respondents No. 2 to 4 to forthwith restore the possession of F.P.Shop No.1282061,Rajiv Gandhi Nagar, Kadiri Mandal including the ePoS machine and electronic weighing scale, to the petitioner and to ensure the regular supply of Essential Commodities for distribution to the cardholders and pass..." The petitioner was appointed as a temporary fair price shop dealer 2. No. 1282061 for Rajiv Gandhi Nagar, Kadiri Mandal on behalf of Sree Lekha Mahila Podupu Sangam (Self Help Group), vide proceedings of the Joint Collector, Anantapur, in Rc.No.K6/1563/2019, dated 23.07.2019, following the demise of the erstwhile permanent dealer. Since the date of appointment, the petitioner has been distributing essential commodities to the cardholders without there being any complaint either from the cardholders or the concerned authorities. While the matter being so, on 03.09.2025, the 5‘^ respondent, along with the Village Revenue Officer i.e, 6'^ respondent herein, conducted a surprise inspection over the petitioner’s shop and found a variation of (-)1.45 quintals of fortified rice and thereafter the inspecting officials seized the entire 3. 4 vr W.P.NO.25486 OF 2025 available ground stock, along with the e-Pos Machine and the Electronic Weighing scale, under a panchanama on the very same day. Subsequently, the 4*'' respondent i.e., Tahsildar submitted a report to the 2'"'^ respondent (Collector) under Section 6-A of the Essential Commodities Act, 1955, vide Rc.No.265/2025 (CS) dated 04.09.2025. On the very same day, the 4*^ respondent also addressed a letter to the respondent, who is the competent disciplinary authority, requesting initiation of disciplinary proceedings against the petitioner. In the said letter, the 4*^ respondent requested the respondent to accord permission to make alternative arrangements for distribution of essential commodities. In response to the same, the petitioner submitted a detailed written explanation on 09.09.2025 to the authorities, clearly stating the reasons for the minor stock variation and pleaded for the return of seized stock as well as equipment. However, the 4’*^ respondent even without waiting for any orders passed by the 3'^^ respondent, addressed another letter to the Collector (CS) 15.09.2025, informing him with regard to the proposals of alternative arrangements of one D.Nagamai, Village Revenue Officer, Rajiv Gandhi Nagar, Kadiri Mandal to distribute Essential commodities to the cardholders in respect to the petitioner’s fair price shop and also to map the bio metric authentication in the e-pos machine of the said D.Nagamani as a temporary fair price shop dealer for distribution of essential commodities cardholders from September 2025 onwards. 4. on to the 5 VS,J W.P.N0.25486 0F 2025 The grievance of the petitioner is that, without there being any order of suspension or cancellation of her dealership, the respondent authorities are not releasing the essential commodities to her shop. On the other hand, the 3'^ respondent has addressed a letter to the Collector (CS) on 15,09.2025 informing him with regard to the proposals of making alternative arrangements by appointing D.Nagamani, Village Revenue Officer, Rajiv Gandhi Nagar, Kadiri Mandal to distribute the essential commodities to the cardholders in respect to the petitioner’s fair price shop and also to map the bio-metric authentication in the e-pos machine of the said D.Nagamani. Hence, the present writ petition is filed. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 5. 6. 7. Learned counsel for the petitioner while reiterating the contentions, placed reliance on the decision of Full Bench reported in Oleti Tirupathamma District Supply Officer (City) Visakhapatnam and others' in support of his contention. On the strength of the principle laid down in the above judgment, learned counsel for petitioner requested this Court to direct the respondents to allow the petitioner to run his fair price shop and to supply essential commodities to the cardholders. V. On the other hand, learned Assistant Government Pleader for Civil Supplies supported the action of the respondents in all aspects, but, no order terminating the dealership or suspending or cancelling the authorization is placed on record to deny supply of essential commodities. 8. ^2002 (1) ALD 577 6 W.P.NO.25486 OF 2025 It IS a settled fact that as per the clause 20 of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, which deals with suspension and cancellation of authorization, there is a necessity to issue a show cause notice calling for any explanation before the officials and conduct an enquiry for disciplinary proceedings against the petitioner, if there are any variations in available stock. In the present case, merely booking a Section 6A case against the petitioner would not result automatic 9. to suspension of the petitioner’s license. In view of the same, the report submitted by the Tahsildar to the Collector(CS) on 15.09.2025 is liable to be set-aside. 10. Accordingly, the writ petition is allowed by setting aside the report of the Tahsildar dated 15.09.2025 addressed to the Collector (CS) and the respondents are directed to supply the 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 Order, 2018. order urider Clause 8(4) of the Control an 11. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, r Department. State of Andhra Velagapudi, Amaravati, Guntur District. 2. The Collector Civil Supplies, Sri Satya Sai District Consumer Affairs, Food and Civil Supplies Secretariat Buildings, Pradesh, Puttaparthi. \ s 3. The Revenue Divisional Officer, Kadiri Division, Kadiri, Sri Satya Sai District. 4. The Tahsildar, Kadiri Mandal, Sri Satya Sai District. 5. The Civil Supply Deputy Tahsildar, Kadiri Mandal, District. 6. The Village Revenue Officer, Rajiv Gandhi Nagar, Kadiri Mandal, Sri Satya Sai District. 7. One CC to Mrs.S. Ayesha Azma, Advocate [OPUC] 8. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 9. Two CD Copies Cnr Sri Satya Sai HIGH COURT DATED: 19/09/2025 ORDER WP NO. 25486 OF 2025 ALLOWING THE W.P WITHOUT COSTS