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2025 DAILYLAW 9646 (AP)

Y POLAIAH v. THE STATE OF ANDHRA PRADESH

WP/6131/2025 · 2025-03-20

Sumathi Jagadam

body2025

Judgment text

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APHC010106992025 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: 6131/2025 Between: Y Polaiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: ORDER: This writ petition is filed challenging the action of the respondents in not supplying the essential commodities to the petitioner’s Fair Price Shop. 2. The case of the petitioner, in brief, is that he was appointed as a Fair Price Shop Dealer in 2012 and his authorization is valid until 31.03.2025. While so, the respondents have initiated proceedings under 2 JS,J W.P No.6131/2025 Section 6-A of the Essential Commodities Act, 1955, which concluded on 23.07.2021, by imposing a fine of Rs.5,000/- while allowing the petitioner to remain as Fair Price Shop Dealer. 3. The petitioner and other fair-price shop dealers complained to the 5th respondent about the manufacturing of an e-POS machine, but no action has been taken to date. Based on the report submitted to the 5th respondent, 6-A proceedings were initiated under the Essential Commodities Act, and stock in the petitioner’s fair-price shop was seized. 4. The learned counsel for the petitioner submits that the supply of essential commodities to the petitioner’s fair price shop should not be halted without an order of suspension or cancellation of the petitioner’s authorization, as his authorization remains valid. 5. With the consent of the learned counsel for both the petitioner and the respondents, and without delving into the merits of the case, this Writ Petition is disposed of, at the admission stage, directing the respondents to supply the essential commodities to the petitioner’s fair price shop. However, the respondents are free to conduct an inquiry and proceed as per the law regarding continuing the petitioner’s Fair Price Shop Dealership. 6. Accordingly, the Writ Petition is disposed of. No order as to costs. 3 JS,J W.P No.6131/2025 As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 20.03.2025 sj 4 JS,J W.P No.6131/2025 80 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6131/2025 Date:20.03.2025 sj