APHC010133962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6845/2025 Between: 1. SMT. PERAM MANGAMMA,, W/OVENKATA NARAYANA, AGED 53 YEARS, OCC- F.P. SHOP DEALER, F.P. SHOP NO 0812005,GOLLAPALLI VILLAGE, PODILI MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR C S, PRAKASAM DISTRICT AT PRAKASAM. 3. THE JOINT COLLECTOR C S, PRAKASAM DISTRICT AT PRAKASAM. 4. THE SUB COLLECTOR CUM REVENUE DIVISIONAL OFFICER, KANDUKUR, PRAKASAM DISTRICT. 5. THE TAHASILDAR, PODILI MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court 2 may be pleased to issue a Writ of mandamus or any other appropriate writ order or direction declaring the action of the respondents in not releasing the essential commodities to the petitioners F.P. shop No.0812005, Gollapalli Village, Podili Mandal, Prakasam District is illegal and arbitrary and consequently direct the respondents to supply the essential commodities continuously to the petitioners F.P. shop No.0812005, Gollapalli Village, Podili Mandal, Prakasam District and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to supply the essential commodities to the petitioner’s F.P. shop No.0812005, Gollapalli Village, Podili Mandal, Prakasam District, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. Sure Mahendra Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: To declare the action of respondent Nos.2 to 5 in not supplying the essential commodities to the petitioner’s Fair Price Shop No.0812005 situated at Gollapalli Village, Podili Mandal, Prakasam District, without any suspension or cancellation of the petitioner’s authorization, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri Sure Mahendra, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies. 3. Learned counsel for the petitioner submitted that without there being any suspension or cancellation of authorization, the authorities high handedly stopped supplying essential commodities to the petitioner’s Fair Price Shop. The authorities cannot abruptly stop supplying the commodities without any reasons and without issuing notice. He would further contend that pursuant to the interim orders passed by this Court on 20.03.2025 the respondent authorities restored supply of stocks. He would further contend that stoppage of supply of essential commodities without suspension or cancellation of the Fair Price Shop authorization is illegal and arbitrary. Accordingly, prayed to allow the writ petition. 4 4. On the other hand, learned Assistant Government Pleader, fairly conceded that the authorities cannot stop supply of essential commodities, unless the Fair Price shop authorization of the petitioner is either suspended or cancelled and in the instant case there was neither suspension nor cancellation of the authorization and the authorities, if intend, would take steps in accordance with law against the irregularities, if any, committed by the petitioner. 5. Perused the record and considered the submissions made by the learned counsel for the parties. 6. In Oleti Tirupathamma Vs. The District Supply Officer (City), Visakhapatnam and others 1, a Coordinate Bench of this court has categorically held that if the licensing authority themselves upon application of mind come to the conclusion that the irregularities committed by the fair price shop dealer would warrant suspension of his license, it may do so. In the considered opinion, the authority without taking recourse such action, cannot, refuse to supply the essential commodities. 7. In the present case also, admittedly no disciplinary action has been initiated against the petitioner’s Fair Price Shop. In such circumstances, the respondents cannot stop supply of essential commodities to the petitioner. Keeping the facts and circumstances of the case and the 1 2002 (1) ALD 577 5 Judgment referred to supra, this Court is inclined to dispose of the writ petition by directing the authorities to continue to supply the essential commodities to the Fair Price shop of the petitioner. In case the respondent authorities intend to take action against the irregularities, if any, committed by the petitioner, they can take steps in accordance with law. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 31st January, 2026 RKS