Extracted from the PDF above. The PDF is authoritative.
APHC010225632025
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: 11972/2025 Between:
1. N JAMALAIAH, S/O. PULAIAH, AGED ABOUT 50 YEARS, OCC F.P. SHOP DEALER, SHOP NO. 1151012, R/O. D.NO.4/34, B.C.COLONY, NARSAPURAM VILLAGE, SAKN MANDAL, YSR (KADAPA) DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES CSI DEPARTMENT, SECRETARIAT, GUNTUR DISTRICT
2. THE DISTRICT COLLECTOR, KADAPA, YSR (KADAPA) DISTRICT
3. THE JOINT COLLECTOR, YSR (KADAPA) DISTRICT 4
4. THE REVENUE DIVISIONAL OFFICER, BADVEL, YSR (KADAPA) DISTRICT
5. THE TAHSILDAR, SAKN MANDAL, YSR (KADAPA) 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 may be pleased to issue an appropriate Writ or order or direction more
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particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.3 to 5 in not allotting the essential commodities to the F.P shop held by the petitioner at Shop No. 1151012 of Narasapuram Village, Sri Avadutha Kasinayana Mandal (SAKN) Mandal, YSR (Kadapa) District, without there being any reason and even though the petitioner made an explanation dated 21.04.2025 to the Show Cause Notice vide Ref.No.G/3254/2025, dated 15.04.2025 issued by the respondent No.4 is illegal, arbitrary and violative of Articles 14, 19 (1) (g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice and consequently direct the respondents to continue the petitioner to hold F.P shop Dealership No. 1151012 of Narasapuram Village, Sri Avadutha Kasinayana Mandal (SAKN) Mandal, YSR (Kadapa) District as usual and 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 continue the petitioner as F.P Shop Dealer and to supply essential commodities to the petitioner for Fair Price Shop Dealer of Shop No. 1151012 of Narasapuram Village, Sri Avadutha Kasinayana Mandal (SAKN) Mandal, YSR (Kadapa) District as usual, pending disposal of the writ petition and pass Counsel for the Petitioner:
1.
SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following:
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ORDER:
The grievance of the petitioner is that the respondents stopped supplying essential commodities to the petitioner and not allowing him to function as Fair Price Shop Dealer of Fair Price Shop No.1151012 of Narasapuram Village, Sri Avadutha Kasinayana Mandal, YSR District.
2. Heard Ms.D.V.R.Harshitha, learned counsel representing Sri Shaik Mohammed Ismail, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies.
3. Ms.D.V.R.Harshitha, learned counsel for the petitioner, while reiterating the contents of the writ affidavit would contend that the authorities stopped supplying essential commodities to the Fair Price Shop of the petitioner. She would further contend that pursuant to the interim orders passed by this Court on 08.05.2025 the respondent authorities restored supply of stocks. She 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. Sri Vineeth Appasani, 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
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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 material available on record and considered the
submissions made by learned counsel for the parties.
6. As rightly contended by the learned counsel for the petitioner and fairly conceded by the learned Assistant Government Pleader, there is neither suspension nor cancellation of the Fair Price shop authorization of the petitioner. Therefore, stoppage of supply of essential commodities for being distributed to the cardholders allocated to the Fair Price shop of the petitioner is unsustainable.
7. The record discloses that this Court vide interim orders dated 08.054.2025 directed the authorities to supply stock and it is admitted by the learned counsel for the petitioner that since then there was supply of goods to the Fair Price shop of the petitioner.
8. In view of the above, the writ petition is disposed of, 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. There shall be no order as to costs.
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As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________
JUSTICE RAVI CHEEMALAPATI
Date: 31st January, 2026
RKS