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2025 DAILYLAW 7862 (AP)

MATTAPALLI SRIKANTH v. THE STATE OF ANDHRA PRADESH

WP/4792/2025 · 2025-03-20

Sumathi Jagadam

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE o mm PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 4792 OF 2025 Between: Mattapalli Srikanth, S/o Brahmaiah, Age about 35 years, Occ F.P Shop Dealer, Shop No. 0719018, R/o Mutukur Village, Durgi Mandal, Palnadu District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its principal secretary. Department of Civil Supplies, Secretary Buildings Amaravathi. 2. The Joint Collector, Palnadu District. 3. The Revenue Divisional Officer, Durgi Mandal, Palnadu District. 4. The Tahsildar, Durgi Mandal, Palnadu District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith be pleased to issue the High Court may a Writ of Mandamus declaring the action of the respondents in not supplying the commodities for distribution petitioner fair price shop authorization No. 0719018, Mutukur Village Mandal, Palnadu District through Durgi as illegal, irregular, arbitrary, violative of provisions of the Essential Commodities Act, 1955 Andhra Pradesh Public Distribution Control Order, 2008 and offends State Articles 14 and 21 of '7' Constitution of India and to supply essential dealership Shop No. 0719018, Mutukur Village. Durgi Mandal, ’Palnadu District. consequently direct the Respondents to continue petitioner commodities for distribution through lA NO: 1 OF 7()9fi Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the 2nd Respondents to consider petitioner explanation dt. 06.01.2025 and release essential commodities for distribution through his dealership No. 0719018, Mutukur Village, Durgi Mandal, Palnadu District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI. PANGA VENKATESWARA Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: RAO APHC010081752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 4792/2025 Between: Mattapalli Srikanth ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PANGA VENKATESWARA RAO Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief; "... to issue a WRIT OF MANDAMUS declaring the action of the respondents in not supplying the commodities for distribution through petitioner fair price shop authorization No.0719018, Mutukur Village, Durgi Mandal, Palnadu District as illegal, irregular, arbitrary, violative of provisions of the Essential Commodities Act 1955; Andhra Pradesh State Public Distribution (Control) Order, 2008 and offends Articles 14 and 21 of Constitution of India and consequently direct the Respondents to continue to supply essential commodities for distribution through petitioner 2 JS,J W.PNo.4792/2025 dealership Shop No.0719018, Mutukur Village, Durgi Mandal, Palnadu District and to pass such other relief or reliefs. ” 2. Heard. The petitioner is a Fair Price Shop Dealer in Palnadu District. On 03.12.2024, the 4*'' respondent booked a case under Section 6-A of the Essential Commodities Act, 1955. The petitioner has submitted his explanation to the show cause notice dated 24.12.2024. The learned counsel for the petitioner submits that though the 3"'^ respondent has received Demand Drafts, the 3. respondents have stopped supplying Essential Commodities to, the petitioner’s Fair Price Shop without there being any proceedings by virtue of the said act, the card holders, who are attached to the petitioner’s shop are put to hardship and prayed to pass orders on his explanation dated 06.01.2025. 4. With the consent of both the parties, without going into the merits of the case, this Writ Petition is disposed of at the stage of admission, directing the 2"^^ respondent to consider the explanation dated 06.01.2025 submitted by the petitioner and pass appropriate order within two (02) weeks from the date of receipt of a copy of this order, by duly giving an opportunity of hearing and further if the petitioner has deposited the requisite amount for supply of Essential Commodities, the 2"^ respondent shall supply the same to the petitioner’s Fair Price Shop. No order as to costs. 3 JS,J W.PNo.4792/2025 As a sequel, miscellaneous petitions, if any, pending shall stand closed. SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR qjIWofficer //TRUE COPY// SE To, 1. The principal secretary. Department of Civil Supplies, State of Andhra Pradesh, Secretary Buildings Amaravathi. 2. The Joint Collector, Palnadu District. 3. The Revenue Divisional Officer, Durgi Mandal, Palnadu District. 4. The Tahsildar, Durgi Mandal, Palnadu District. 5. One CC to Sri. Panga Venkateswara Rao Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC HIGH COURT DATED:20/03/2025 ORDER WP.No.4792 of 2025 OfANOf^ S 09 APR 2025 m Current Section . DISPOSING OF THE WP WITHOUT COSTS