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2025 DAILYLAW 7022 (AP)

B UMADEVI v. The State of Andhra Pradesh,

WP/3568/2025 · 2025-02-17

B S Bhanumathi

body2025

Judgment text

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APHC010068142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 3568/2025 Between: B Umadevi ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. Sure mahendra Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following Order: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…may be pleased to issue a Writ of mandamus any other appropriate writ order direction declaring the action of the respondents no.2 to 5 in not releasing the Essential Commodities to the petitioner’s F.P shop No.1258010, P Narasapuram Village, Parigi Mandal, Sri Satya Sai District in spite of subsisting the petitioners F.P. shop authorization is illegal and arbitrary and or or 2 W.P.No.3568 of 2025 consequently direct the respondents to supply the commodities continuously by continuing the petitioner as F.P. Shop dealer of shop No.1258010, P Narasapuram Village, Parigi Mandal, Sri Satya Sai District and to pass …” 02. The case of the petitioner is briefly as follows: The petitioner was appointed as fair price shop dealer by the 4th respondent proceedings vide Rc.No.111/2008/C, dated 11.03.2008 on permanent basis of the fair price shop No.1258010, P. Narasapuram Village, Parigi Mandal, Sri Satya Sai District. Since then, she has been continuing her service without there being any remarks. 03. The learned counsel for the petitioner submitted that under the guise of little variation of the stock of fortified rice by 1.9%, though law permits variation up to1.5% per month, the respondent authorities are not supplying the commodities to the petitioner, without there being any disciplinary action. 04. The learned Assistant Government Pleader for the Civil Supplies placed on record the written instructions vide RC. No.53/2025/ CS, dated 17.02.2025, and submitted that due to the variation in the stock which was found in the inspection held on 03.02.2025, there had been lapses on the part of the petitioner. He further submitted that the petitioner had supplied the commodities even during February-2025 and the allegations are baseless. 05. Since the authorization of the petitioner is continuing and no disciplinary action has been taken, merely because of the small variation above the permissible limit found, if at all proved, the supply of the commodities to the petitioner need not be stopped at this stage. 06. In the result, the writ petition is disposed of and the respondent authorities are directed to supply the essential commodities to the petitioner in 3 W.P.No.3568 of 2025 respect of fair price shop No.1258010, P. Narasapuram Village, Parigi Mandal, Sri Satya Sai District as usual so long as the authorization is in force. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date: 17.02.2025 SCH 4 W.P.No.3568 of 2025 131 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 3568/2025 Date: 17.02.2025 SCH