APHC010056022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 3299/2025 Between: Guddeti Adi Lakshumma ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 2 W.P.No.3299 of 2025 ORDER: The writ petition is 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 action of the 2nd respondent in suspending the authorization of the petitioner fair price shop No.1114017 situated at Gunta Chiyyapadu Village, Chapad Mandal, YSR Kadapa District, vide Ref.B/3050/2024 dated 31.12.2024 is illegal, arbitrary and violation of Article 14, 19 & 21 and consequently set aside the same and pass…” 02. The petitioner was appointed as dealer of fair price shop No.1114017 situated at Gunta Chiyyapadu Village, Chapad Mandal, YSR Kadapa District, in the year 2023. 03. The learned counsel for the petitioner submitted that except variation of 0.47 kgs of MDM rice, there was no variation in the stock, yet, the impugned order was passed by the 2nd respondent by suspending the dealership of the petitioner vide Ref.B/3050/2024, dated 31.12.2024, with mala fide intention. 04. The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions of the 2nd respondent vide Ref.No.B/3050/2025, dated 07.02.2025, wherein the table of variation in stock found in shop of the petitioner on 11.12.2024 is as follows: 3 W.P.No.3299 of 2025 sl. No. Name of the commodity O.B. (Kgs) Receipts for November 2024 (Kgs) Total (Kgs) Stocks distributed (Kgs) C.B. as per EPoS (Kgs) Physical stock (Kgs) Variation (Kgs) 1 Fortified Rice 967 4640 5607 5051 556 556 0 2 Sugar 0 420 420 352 68 68 0 3 Red ram Dal 58 237 295 295 0 0 0 4 MDM Rice 0.07 0.091 0.098 0.091 0.091 0.4 0.47 05. However, as per the written instructions, the Enforcement Deputy Tahsildar, Proddatur has seized the following Stock: Sl. No. Name of commodity Quantity (in Kgs) Value (Rs.) 1 Fortified rice (free of cost) 556 0 2 Sugar (Rs.17/- per packet) 68 packets 1156/- 3 MDM rice (free of cost) 40 0 Total 1156/- 06. That apart, suspending dealership of the petitioner was passed as though there was violation of Control Order, 2018. In the written instructions, it is mentioned that the dealer committed irregularities and therefore, show cause notice was issued to the petitioner. Ex facie the written instructions are inconsistent. At one place, they indicate that no variation in the stock. At another place, they indicate that all such available stock was excess stock. In fact, the details of the stock as in the 1st table indicate that no such variation was found and the stock was in fact available. Therefore, showing the available stock as excess to justify the impugned action is unfair and sheer abuse of authority concerned against a petty dealer. 4 W.P.No.3299 of 2025 07. In the result, the writ petition is allowed by setting aside the impugned order dated 31.12.2024. 08. The Registry is directed to send copy of this order to the Collector concerned along with a copy of the written instructions to ensure such actions would not repeat. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date: 10.02.2025 NSM 5 W.P.No.3299 of 2025 125 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 3299/2025 Date: 10.02.2025 NSM