1 APHC010381952022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NOs: 23369 and 20378 of 2022 W.P.No.23369 of 2022 Between: 1. E. RATNALU,, W/O. E SUBBARAYUDU, AGED ABOUT 45 YEARS, OCC- DEALER OF FAIR PRICE SHOP NO.1128004, KONDURU VILLAGE, ATLOOR MANDAL, YSR KADAPA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KADAPA,YSR KADAPA DISTRICT 3. THE JOINT COLLECTOR CS, YSR DISTRICT, KADAPA. 4. THE REVENUE DIVISIONAL OFFICER, BADVEL, YSR KADAPA DISTRICT 5. THE DISTRICT SUPPLY OFFICER, KADAPA., YSR KADAPA DISTRICT 6. THE ENFORCEMENT DEPUTY TAHSILDAR, BADVEL, YSR KADAPA DISTRICT. 7. THE ADDITIONAL REVENUE INSPECTOR, ATLUR MANDAL, YSR KADAPA DISTRICT. 2 8. THE ASSISTANT SUPPLY OFFICER, KADAPA.YSR KADAPA DISTRICT 9. THE TAHSILDAR, ATLOOR 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 topleased to issue a writ order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondents in seizing the petitioner's Fair Price Shop No.1128004, Kondur Village, Atlur Mandal, YSR kadapa District under Panchanama dated 12.7.2022 is ex-facie illegal, arbitrary, high-handed, abuse of power, mala fide, politically motivated, contrary to the provisions of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018 and violative of the Fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and set aside the same and consequently direct the Respondents to forthwith return the seized stocks to the petitioner to enable the petitioner to continue as fair shop dealer in respect of F.P.Shop No.1128004and pass IA NO: 1 OF 2022 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 pleased to direct the Respondents to forthwith return the seized stocks to the petitioner to enable the petitioner to continue as fair price shop dealer in respect of F.P.Shop No.1128004 pending disposal of the above writ petition, and pass IA NO: 2 OF 2022 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 pleased to grant stay of all further proceedings pursuant to the Panchanama dated 12.7.2022 conducted by the Respondents pending disposal of the above writ petition, and pass IA NO: 1 OF 2023 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 pleased to vacate the interim order granted on 29.07.2022 in W.P No. 23369/2022 in the interest of justice and to pass 3 Counsel for the Petitioner: 1. M SIVA KUMAR Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES W.P.No.20378 of 2022 Between: 1. CHITTIBOINA RAMANA, S/O VENKATA SUBBAIAH, AGE 34 YEARS, RIO AKKIREDDY GARI PALLI, KONDURU VILLAGE, ATLURU MANDAL, YSR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT. VELAGAPUDI, SECRETARIAT BUILDING, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE JOINT COLLECTOR CS, YSR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, BADVEL, YSR DISTRICT. 4. THE TAHSILDAR, ATLURU MANDAL, YSR DISTRICT. 5. E RATNALU, W/O SUBBA RAIYUDU, OCC- F P SHOP DEALER NO.1128004, KONDURU VILLAGE, ATLURU MANDAL, YSR 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 topleased to issue a writ or order more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the proceedings Ref.No.C/233/2022, dated 21.16.2022 issued by the 2nd respondent directing the 4th respondent to continue the 5th respondent as a F P Shop dealer of Shop No.1128004 of Konduru Village, Atluru Mandal, YSR District, ignoring the huge variations of the stocks, is illegal, arbitrary and unconstitutional and against to the principles of natural justice and contrary to the Control Orders 4 and consequently set aside the order of the 3rd respondent and cancel the authorization of the 5th respondent and to pass IA NO: 1 OF 2022 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 pleased to suspend the proceedings Ref.No.C/233/2022, dated 21.06.2022 issued by the 2nd respondent directing the 4th respondent to continue the 5th respondent as a F P Shop dealer of Shop No.1128004 of Konduru Village, Atluru Mandal, YSR District, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2. M SIVA KUMAR The Court made the following: 5 COMMON ORDER: To declare the action of the respondents in seizing the petitioner’s Fair Price Shop No.1128004 of Kondur Village, Atlur Mandal, YSR Kadapa District, under panchanama dated 12.07.2022 as illegal and arbitrary, W.P.No.23369 of 2022 is filed. 2. Impugning the proceedings issued by the 2nd respondent vide Ref.No.C/233/2022 dated 21.06.2022, directing the 4th respondent to continue the 5th respondent as a Fair Price Shop dealer of shop No.1128004 of Konduru Village, Atluru mandal, YSR District, ignoring the huge variations in the stocks, W. P.No.20378 of 2022 is filed. 3. Heard Sri M.Siva Kumar, learned counsel for the petitioner in W.P.No.23369 of 2022 & respondent in W.P.No.20378 of 2022 and Sri I.Koti Reddy, learned counsel for the petitioner in W.P.No.20378 of 2022 and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies. 4. Since the issue involved is one and the same, the matters are heard together and disposed of by way of this common order. 5. Sri M.Siva Kumar, learned counsel for the petitioner in W.P.No.23369 of 2022, in elaboration to what has been stated in the affidavit, contended that without there being any suspension or cancellation of the petitioner’s authorization, the authorities high handedly stopped supplying the stock to the petitioner’s fair price shop for political reasons, that too basing on some vague panchanama. By virtue of the interim directions, the authorities are supplying the stock to the petitioner. He further contended that without taking steps in 6 accordance with law, even if any irregularities are found, they cannot stop supplying the stock without suspending or cancelling the authorization. Accordingly, he prayed to pass orders. 6. On the other hand, Sri I.Koti Reddy, learned counsel for the petitioner in W.P.No.20378 of 2022, contended that the petitioner in W.P.No.23369 of 2022 is not supplying the stock properly to the cardholders. Not only the petitioner, is a cardholder, but other similarly cardholders are also facing difficulty in getting commodities from the dealer. In those circumstances, the grievance has been raised before the authorities. No indulgence can be shown on the petitioner in W.P.No.23369 of 2022. He prayed to dismiss W.P.No.23369 of 2022 and also to direct the authorities to take steps against her dealership. 7. On the other hand, learned Assistant Government Pleader, in elaboration to what has been stated in the counter, while justifying the action of the authorities, contended that when a grievance was raised against the petitioner’s dealership, inspection took place and panchanama was recorded, wherein certain irregularities were found. Therefore, supply of stock was stopped and the authorities, to protect the interest of the cardholders, have taken such steps. If at all this Court is inclined to interfere, liberty may be given to authorities to take steps in accordance with law in the event any irregularity is found. He further contended that by questioning the panhanama, a writ petition has been filed and the same is pending consideration. 8. Perused the record and considered the submissions made by learned counsel for the parties. 7 9. As could be culled out from the facts and submissions made by the respective parties, the respondent authorities stopped supplying the essential commodities to the petitioner’s Fair Price Shop in W.P.No.23369 of 2022 on the ground of alleged irregularities found during inspection. Admittedly, the Fair Price Shop dealer authorization has neither been suspended nor cancelled. Without taking any recourse in that manner, the authorities cannot stop supply of essential commodities to the petitioner’s dealership. This Court, by way of interim order dated 29.07.2022, directed the authorities to continue the petitioner as Fair Price Shop dealer. 10. Keeping in view the facts and circumstances of the case, this writ petition is disposed of directing the authorities to continue the supply the essential commodities to the petitioner’s dealership. However, if any irregularity is found, this order shall not preclude them from taking steps in accordance with law. The authorities also directed to look into the grievance of the cardholders, including the petitioner in W.P.No.20378 of 2022, and take steps in accordance with law. 11. Accordingly, the Writ Petitions are 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: 05th February, 2026 JLV 8 255 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NOs: 23369 and 20378 of 2022 Date: 05th February, 2026 JLV