1 APHC010144982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7632/2025 Between: Machi Reddy Venkata Ramana Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following order: Aggrieved by the action of the respondents in locking (seizing) the fair price shop No.1282019 at NagireddyPalli village, Kadiri Mandal, in seizing the E-Pos machine through Panchnama dated 10.03.2025 and in not supplying the essential commodities to the petitioner for public distribution since 10.03.2025, the present writ petition is filed. 2. Heard Sri Girindra Prasad, learned counsel representing learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies. 2 3. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that, without there being any order of suspension or cancellation, based on the panchnama prepared on 10.03.2025, the respondent nos.4 to 6 have seized the E-Pos machine, locked the premises of subject fair shop and stopped supplying the essential commodities to the petitioner for distribution since 10.03.2025. He further submitted that, later on 17.03.2025, a show cause notice was issued to the petitioner asking him to show cause as to why his dealership should not be cancelled or suspended and immediately, the petitioner has submitted his explanation on the very same day i.e., on 17.03.2025. He further submitted that, inspite of the same, the respondent authorities have refused to release the E-Pos machine, unlock the premises of subject fair shop and supply the essential commodities to the petitioner. As such filed the present writ petition and accordingly prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned Assistant Government Pleader submitted that, as the serious irregularities committed by the petitioner were found in the inspection, as a precautionary measure and to protect the interest of the cardholders, supply of essential commodities were stopped to the petitioner and show cause notice was also issued to him, which is pending for enquiry. He further submitted that, the petitioner having received the said show cause notice filed the present writ petition and this Court, by way of interim order dated 26.03.2025, has protected the interest of the petitioner and by virtue of 3 the said orders, the authorities are supplying the essential commodities to the petitioner for distribution. He further submitted that in the event if this court inclines to interfere, a liberty may be given to the authority concerned to conclude the enquiry in stipulated period in accordance with law. 5. Perused the record and considered the submissions of both the learned counsel. 6. In Oleti Tirupathamma Vs District Supply Officer1, 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. But, the authority without taking recourse to the said action, cannot refuse to supply the essential commodities. In the event, an order of suspension of license is passed, the authorities will have to make an alternative arrangement. But in a case of this nature, the cardholders would be worst sufferers inasmuch their essential commodities would not be supplied to them at all. Moreover, pursuant to the interim order granted by this court on 26.03.2025, the authorities are supplying the essential commodities to the petitioner. In the said circumstances, without going into merits and demerits of the case, this Court is inclined to dispose of the writ petition with the following direction: 1 2002(1) ALD 577 4 “The respondent authorities are directed to conclude the enquiry pursuant to the show cause notice dated 17.03.2025 vide Rc.No.F/148/2025 at the earliest. Till conclusion of such enquiry, the authorities concerned shall supply the essential commodities to the petitioner for running the subject fair price shop No.1282019 situated at NagireddyPalli village, Kadiri Mandal”. Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI BRS