APHC010410202024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOS: 20860, 20869, 20881, 20882 & 20886/2024 WRIT PETITION NO: 20860/2024 Between: 1. SK IBRAHIM, S/O BADE SAHAB AGE 54 YEARS, OCC FP SHOP DEALER OF SHOP NO.0836029, KOMMUNOOR VILLAGE GIDDALUR MANDAL, PRAKASAM DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE DISTRICT SUPPLY OFFICER, ONGOLE TOWN, PRAKASAM DIST. 3. THE SUBCOLLECTOR, MARKAPUR DIVISION, PRAKASAM DIST. 4. THE TAHSILDAR, GIDDALUR MANDAL, PRAKASAM DIST. 5. THE DEPUTY TAHSILDAR, (ENFORCEMENT) GIDDALUR TOWN, PRAKASAM DIST. 6. S ANIL KUMAR, DEPUTRY TAHSILDAR (ENFORCEMENT) O/O TAHSILDAR, GIDDALUR MANDAL, PRAKASAM DIST. ...RESPONDENT(S): 2 VS,J W.P.Nos.20860, 20869, 20881, 20882 & 20886 of 2024 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 or declaring the action of the respondent with the active support of the respondents 3 AND 4 in insisting the petitioner to tender resignation and not allowing to run the shop No.0836029, Kommunoor Village, Giddalur Mandal, Prakasam Dist., without there being any order of suspension or cancellation by the competent authority by following due procedure under The Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. is illegal, arbitrary and contrary to the provisions of the control order and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual and pass IA NO: 1 OF 2024 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 Direct the respondents 2 to 5 to release Essential Commodities to the petitioner’s FP shop i.e., No.0836029, Kommunoor Village, Giddalur Mandal, Prakasam Dist., pending disposal of the writ petition. 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 grant leave for filing counter affidavit in the Writ Petition No. 20860 of 2024 and to pass Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2. SARANU PHANI TEJA WRIT PETITION NO: 20869/2024 Between: 3 VS,J W.P.Nos.20860, 20869, 20881, 20882 & 20886 of 2024 1. K NAGARATNA REDDY, S/O BALA NAGI REDDY AGE-59 YEARS, OCC- FP SHOP DEALER OF SHOP NO.0836025, ANKALAMMAPALLI VILLAGE GIDDALUR MANDAL, PRAKASAM DIST. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DIST. 2. THE DISTRICT SUPPLY OFFICER, ONGOLE TOWN, PRAKASAM DIST. 3. THE REVENUE DIVISIONAL OFFICER, MARKAPUR DIVISION, PRAKASAM DIST. 4. THE TAHSILDAR, GIDDALUR MANDAL, PRAKASAM DIST. 5. THE DEPUTY TAHSILDAR, (ENFORCEMENT) GIDDALUR TOWN, PRAKASAM DIST. 6. S ANIL KUMAR, DEPUTRY TAHSILDAR (ENFORCEMENT) O/O TAHSILDAR, GIDDALUR MANDAL, PRAKASAM DIST. ...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 tomay be pleased to issue a writ direction preferably writ of mandamus declaring the action of the 5th respondent with the active support of the respondents 3 and 4 in insisting the petitioner to tender resignation and not allowing to run the shop No.0836025, Ankalammapalli Village, Giddalur Mandal, Prakasam Dist., without there being any order of suspension or cancellation by the competent authority by following due procedure under The Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. is illegal, arbitrary and contrary to the provisions of the control order and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual and pass IA NO: 1 OF 2024 4 VS,J W.P.Nos.20860, 20869, 20881, 20882 & 20886 of 2024 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 Direct the respor,dents 2 to 5 to release Essential Commodities to the petitioner’s FP shop i.e., No.0836025, Ankalammapalli Village, Giddalur Mandal, Prakasam Dist., 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 grant leave for filing counter affidavit in the Writ Petition No. 20869 of 2024 and to pass Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2. SARANU PHANI TEJA WRIT PETITION NO: 20881/2024 Between: 1. B SRINIVASA REDDY, S/O VENKATESWARA REDDY AGE-39 YEARS, OCC- FP SHOP DEALER OF SHOP NO.0836052, DODDAMPALLI VILLAGE GIDDALUR MANDAL, PRAKASAM DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE DISTRICT SUPPLY OFFICER, ONGOLE TOWN, PRAKASAM DIST. 3. THE REVENUE DIVISIONAL OFFICER, MARKAPUR DIVISION, 5 VS,J W.P.Nos.20860, 20869, 20881, 20882 & 20886 of 2024 PRAKASAM DIST. 4. THE TAHSILDAR, GIDDALUR MANDAL, PRAKASAM DIST. 5. THE DEPUTY TAHSILDAR, (ENFORCEMENT) GIDDALUR TOWN, PRAKASAM DIST. 6. S ANIL KUMAR, DEPUTRY TAHSILDAR (ENFORCEMENT) O/O TAHSILDAR, GIDDALUR MANDAL, PRAKASAM DIST ...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 tomay be pleased to issue a writ or direction preferably writ of mandamus declaring the action of the 5th respondent with the active support of the respondents 3 and 4 in insisting the petitioner to tender resignation and not allowing to run the shop No.0836052, Doddampalli Village, Giddalur Mandal, Prakasam Dist. without there being any order of suspension or cancellation by the competent authority by following due procedure under The Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. is illegal, arbitrary and contrary to the provisions of the control order and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual and pass. IA NO: 1 OF 2024 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 Direct the respondents 2 to 5 to release Essential Commodities to the petitioners FP shop i.e., No.0836052, Doddampalli Village, Giddalur Mandal, Prakasam Dist 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 grant leave for filing counter affidavit in the Writ Petition No. 20881 of 2024 and to pass Counsel for the Petitioner: 6 VS,J W.P.Nos.20860, 20869, 20881, 20882 & 20886 of 2024 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2. SARANU PHANI TEJA WRIT PETITION NO: 20882/2024 Between: 1. SMT.CHEEMALA SRILAKSHMI, W/O SRINIVASA REDDY AGE 35 YEARS, OCC FP SHOP DEALER OF SHOP NO.0836019, SANJEEVARAYUNIPETA VILLAGE GIDDALUR MANDAL, PRAKASAM DIST. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE DISTRICT SUPPLY OFFICER, ONGOLE TOWN, PRAKASAM DIST. 3. THE REVENUE DIVISIONAL OFFICER, MARKAPUR DIVISION, PRAKASAM DIST. 4. THE TAHSILDAR, GIDDALUR MANDAL, PRAKASAM DIST. 5. THE DEPUTY TAHSILDAR, (ENFORCEMENT) GIDDALUR TOWN, PRAKASAM DIST. 6. S ANIL KUMAR, DEPUTRY TAHSILDAR (ENFORCEMENT) O/O TAHSILDAR, GIDDALUR MANDAL, PRAKASAM DIST. ...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 or direction preferably writ of mandamus declaring the action of the 5th respondent with the active support of the 7 VS,J W.P.Nos.20860, 20869, 20881, 20882 & 20886 of 2024 respondents 3 and 4 in insisting the petitioner to tender resignation and not allowing to run the shop No.0836019, Sanjeevarayunipeta Village, Giddalur Mandal, Prakasam Dist., without there being any order of suspension or cancellation by the competent authority by following due procedure under The Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. is illegal, arbitrary and contrary to the provisions of the control order and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual and pass IA NO: 1 OF 2024 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 Direct the respondents 2 to 5 to release Essential Commodities to the petitioner’s FP shop i.e., No.0836019, Sanjeevarayunipeta Village, Giddalur Mandal, Prakasam Dist., pending disposal of the writ petition. 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 grant leave for filing counter affidavit in the Writ Petition No. 20882 of 2024 and to pass Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2. SARANU PHANI TEJA WRIT PETITION NO: 20886/2024 Between: 1. CH.PEDDA VENKATA REDDY, S/O KASI REDDY AGE72 YEARS, OCC FP SHOP DEALER OF SHOP NO.0836010, MUNDLAPADU VILLAGE GIDDALUR MANDAL, PRAKASAM DIST. 8 VS,J W.P.Nos.20860, 20869, 20881, 20882 & 20886 of 2024 ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI,GUNTUR DIST. 2. THE DISTRICT SUPPLY OFFICER, ONGOLE TOWN, PRAKASAM DIST. 3. THE REVENUE DIVISIONAL OFFICER, MARKAPUR DIVISION, PRAKASAM DIST. 4. THE TAHSILDAR, GIDDALUR MANDAL, PRAKASAM DIST. 5. THE DEPUTY TAHSILDAR, (ENFORCEMENT) GIDDALUR TOWN, PRAKASAM DIST. 6. S ANIL KUMAR, DEPUTRY TAHSILDAR (ENFORCEMENT) O/O TAHSILDAR, GIDDALUR MANDAL, PRAKASAM DIST. ...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 or direction preferably writ of mandamus declaring the action of the 5th respondent with the active support of the respondents 3 and 4 in insisting the petitioner to tender resignation and not allowing to run the shop No.0836010 Mundlapadu Village, Giddalur Mandal, Prakasam Dist., without there being any order of suspension or cancellation by the competent authority by following due procedure under The Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018. is illegal, arbitrary and contrary to the provisions of the control order and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual and pass IA NO: 1 OF 2024 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 Direct the respondents 2 to 5 to release Essential Commodities to the 9 VS,J W.P.Nos.20860, 20869, 20881, 20882 & 20886 of 2024 petitioner’s FP shop i.e., No.0836010, Mundlapadu Village, Giddalur Mandal, Prakasam Dist., pending disposal of the writ petition. Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2. SARANU PHANI TEJA The Court made the following 10 VS,J W.P.Nos.20860, 20869, 20881, 20882 & 20886 of 2024 COMMON ORDER: These Writ Petitions came to be filed under Article 226 of the Constitution of India seeking the following reliefs:- Writ Petition No.20860 of 2024 “… to issue a writ or declaring the action of the respondent with the active support of the respondents 3 and 4 in insisting the petitioner to tender resignation and not allowing to run the shop No 0836029 Kommunoor Village, Giddalur Mandal, Prakasam Dist without there being any order of suspension or cancellation by the competent authority by following due procedure under The Andhra Pradesh State Targeted Public Distribution System Control Order 2018 is illegal, arbitrary and contrary to the provisions of the control order and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual ….” Writ Petition No.20869 of 2024 “… to issue a writ direction preferably writ of mandamus declaring the action of the 5th respondent with the active support of the respondents 3 and 4 in insisting the petitioner to tender resignation and not allowing to run the shop No 0836025, Ankalammapalli Village, Giddalur Mandal, Prakasam Dist without there being any order of suspension or cancellation by the competent authority by following due procedure under The Andhra Pradesh State Targeted Public Distribution System Control Order 2018 is illegal arbitrary and contrary to the provisions of the control order and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual….” Writ Petition No.20881 of 2024 “… to issue a writ or direction preferably writ of mandamus declaring the action of the 5th respondent with the active support of the respondents 3 and 4 in insisting the petitioner to tender resignation and not allowing to run the shop No.0836052, Doddampalli Village, Giddalur Mandal, Prakasam Dist., without there being any order of suspension or cancellation by the competent authority by following due procedure under The Andhra Pradesh State Targeted Public Distribution System Control Order 2018 is illegal, arbitrary and contrary to the provisions of the control order and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual….” 11 VS,J W.P.Nos.20860, 20869, 20881, 20882 & 20886 of 2024 Writ Petition No.20882 of 2024 “… to issue a writ or direction preferably writ of mandamus declaring the action of the 5th respondent with the active support of the respondents 3 and 4 in insisting the petitioner to tender resignation and not allowing to run the shop No 0836019, Sanjeevarayunipeta Village, Giddalur Mandal ,Prakasam Dist., without there being any order of suspension or cancellation by the competent authority by following due procedure under The Andhra Pradesh State Targeted Public Distribution System Control Order 2018 is illegal, arbitrary and contrary to the provisions of the control order and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual ….” Writ Petition No.20886 of 2024 “… to issue a writ or direction preferably writ of mandamus declaring the action of the 5th respondent with the active support of the respondents 3 and 4 in insisting the petitioner to tender resignation and not allowing to run the shop No 0836010, Mundlapadu Village Giddalur Mandal, Prakasam Dist., without there being any order of susp,ension or cancellation by the competent authority by following due procedure under The Andhra Pradesh State Targeted Public Distribution System Control Order 2018 is illegal, arbitrary and contrary to the provisions of the control order and violative of principles of natural justice and consequently direct the respondents to release Essential Commodities in favour of the petitioner as usual ….” Since the issue involved in all the writ petitions is one and the same, these writ petitions are heard together and are being disposed of by this common order. 2. The grievance of the petitioners in the present writ petitions is that all the petitioners were appointed as permanent Fair Price Shop dealers for the subject Fair Price Shops and have been distributing essential commodities to the card holders without there being any complaint from any corner since the date of their appointments. It is also the case of the petitioners that their authorizations are subsisting as on the date of filing of the writ petitions. 12 VS,J W.P.Nos.20860, 20869, 20881, 20882 & 20886 of 2024 3. While the things stood thus, for the last ten days, the 5th respondent/Deputy Tahsildar (Enforcement), Giddalur Town, who has also been made as a party in his personal capacity as the 6th respondent, along with his Assistant, has been insisting the petitioners to submit their resignations for the subject Fair Price Shops. Challenging the said action, the present writ petitions are filed. 4. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Civil Supplies. 5. On 18.01.2025, this Court has directed the 6th respondent to appear before this Court along with the records as well as the complaints received from the villagers, which formed basis for the inspection conducted on 03.09.2024. 6. In pursuance of the order passed by this Court, the 6th respondent appeared before this Court and stated that, on receiving oral complaints, he has inspected the petitioners’ Fair Price Shops, but has not found any variations. It is also his case that he has not insisted the petitioners to tender their resignations for their respective shops. 7. Though the 6th respondent has appeared before this Court, no record has been furnished by him with regard to the alleged complaints made against the petitioners herein. In such a case, the 6th respondent, without there being any complaints as against the petitioners, ought not to have prevented the petitioners from running their respective fair price shops and should not have insisted them to resign from the post of Fair Price Shop dealer. 13 VS,J W.P.Nos.20860, 20869, 20881, 20882 & 20886 of 2024 8. In view of the above and recording the submissions made by the 6th respondent, these Writ Petitions are disposed of, directing the respondents not to interfere into the petitioners’ Fair Price Shops without there being any written complaint as against them. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 25.11.2025 KGR