Extracted from the PDF above. The PDF is authoritative.
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APHC010168902025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8861/2025 Between: B Satyanarayana ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. N RANGA REDDY Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following order:
The case of the petitioner is that, without there being any order of suspension or cancellation by the competent authority, the respondents are not allowing the petitioner to run the fair price shop bearing No.1287033 situated in Mudireddypally village, Hindupur Mandal, Sri Sathya Sai District and not supplying the essential commodities for distribution. 2. Heard Sri N.Ranga Reddy, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies for the respondents. 2
3. Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies on instructions submitted that, the petitioner is continuing as a dealer for the subject fair price shop and the essential commodities are being supplied to the petitioner. He further submitted that, if at all this Court inclines to interfere, a liberty may be given to the authority concerned to take steps against the petitioner’s fair price shop, if required in accordance with law. 4. Perused the record and considered the submissions made by the learned counsel for respective parties. 5. 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. In the present case, the petitioner’s authorization is neither suspended nor cancelled, in these circumstances, the authorities cannot stop the supply of essential commodities to the petitioner’s fair price shop, which is wholly unsustainable.
1 2002(1) ALD 577
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In view of the same, this Court is inclined to dispose of the writ petition with the following direction:
“The respondent authorities are directed to permit the petitioner to run the fair price shop bearing No.1287033 situated in Mudireddypally village, Hindupur Mandal, Sri Sathya Sai District and shall supply the essential commodities to the petitioner accordingly. However, this order does not preclude the authorities from taking steps against the petitioner in accordance with law, if so desired or advised.”
Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ___________________________
JUSTICE RAVI CHEEMALAPATI
BRS