1 APHC010110292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5700/2025 Between: Ambati Koti Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. Alapati Vivekananda 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 the Constitution of India, seeking the following relief: “to issue a Writ, Order or Direction, more particularly one in the nature of Mandamus, to declaring the action of respondents, in not supplying essential commodities to petitioner’s MDU Code:PR14004, as illegal, arbitrary and to consequently direct the respondents to forthwith supply essential commodities to petitioner and allow him to function as MDU operator, MDU Code:PR14004 of Kammavaripalem Village, Marripudi Mandal, Prakasam District by regularly supplying essential commodities to petitioner as long as his authorization is existence and pass....” 2 2. Heard both the learned counsel. 3. The petitioner is MDU operator-vehicle attached to fair price shop bearing No.0814031 of Kammavaripalem village, Mundlamur Mandal. The petitioner has been running the fair price shop without any complaints. 4. On 01.12.2024, the 6th respondent has inspected the petitioner’s MDU vehicle and found excess stock, and threatened the petitioner by obtaining signatures on empty papers. On 04.02.2025, the 3rd respondent passed an interim disposal order with anti-date and directed to hand-over his vehicle to the Village Revenue Officer, Kammavaripalem Village, Mudlamur Mandal, Prakasam District. Subsequently, the petitioner has filed a petition before the 3rd and 4th respondents on 07.02.2025 for release of MDU vehicle. 5. Learned counsel for the petitioner submits that the petitioner hails from poor background and purchased the MDU vehicle under Government Schemes. The petitioner’s vehicle was financed by Bank of Baroda, Addanki Branch. The petitioner is regularly paying EMI’s to the bank. Now, the grievance of the petitioner is that, the respondents are not supplying the essential commodities to the petitioner. The petitioner has filed a petition before the 4th respondent on 01.02.2025 seeking to allot the essential commodities to MDU Code No.PR14004 and to allow him to distribute the essential commodities to the card holders, as the petitioner’s authorization has not been suspended. 3 6. Learned counsel for the petitioner further submits that under similar circumstances, this Court in W.P.No.13323 of 2024 has directed the respondents to supply the essential commodities to the petitioner and allow the petitioner to continue as a fair price shop dealer for which he has license, if all the other formalities are complied. 7. Learned Assistant Government Pleader for Civil Supplies, on instructions, submitted that so far, no action has been taken by the 3rd respondent for suspending or cancelling the authorization of the petitioner. 8. On perusal of the material record, it is noticed that the 3rd respondent has filed a case under Section 6-A of the Essential Commodities Act, 1955 directing the 5th respondent to take possession of seized stocks from the custodian and dispose of the same. 9. Except taking possession of the seized stock, the respondents have not taken any action against the petitioner either for cancelling or suspending the authorization or license of the petitioner, and stopping supply of essential commodities abruptly would not only hamper the right of the petitioner but also cause hardship to the petitioner. 10. In view of the above, the Writ Petition is disposed of directing the respondents, especially the 3rd respondent, to supply the essential commodities to the petitioner forthwith. However, this order does not preclude the respondents to take action against the petitioner, except by following due procedure under law. There shall be no order as to costs. 4 As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________ SUMATHI JAGADAM, J 10.03.2025 LSP 5 169 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5700/2025 10.03.2025 LSP