APHC010333012025 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: 16886/2025 Between: 1. ANDRAJU LAKSHMI VANI, W/O DURGARAO, OCC F.P.S. DEALER, SHOP NO.0618023, R/O. H.NO. 1-186, PENAMALURU VILLAGE AND MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUB COLLECTOR, MACHILIPATNAM DIVISION KRISHNA DISTRICT. 3. THE TAHSILDAR, , PENAMALURU KRISHNA DISTRICT 4. MALLAMPATI DURGA RANI, W/O. SATYA NARAYANA, OCC FAIR PRICE SHOP. SHOP NO.0618023, PENAMALURU VILLAGE AND MANDAL, KRISHNA DISTRICT, 2 ...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 of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondents 2ND AND 3RD in not supplying the essential commodities to the petitioner fair price shop No. 0618023 situated at Penamaluru Village and Mandal, Krishna District, without there being any suspension or cancellation of authorization is illegal, arbitrary and violation of Article 14, 19 AND 21 consequently direct the 2ND AND 3RD respondents to supply the essential commodities to the petitioner Fair Price Shop No.0618023,situated at Penamaluru Village and Mandal, Krishna District, by enabling him to supply to the card holders 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 pleased direct the 2nd and 3rd respondents to supply the essential commodities to the petitioner Fair Price Shop No.0618023, situated at Penamaluru Village and Mandal, Krishna District, by enabling him to supply to the card holders pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 The Court made the following: ORDER: To declare the action of respondent Nos.2 and 3 in not supplying the essential commodities to the petitioner’s Fair Price Shop No.0618023 situated at Penamaluru Village and Mandal, Krishna District, without any suspension or cancellation of the petitioner’s authorization, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri K. Srinivas, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for the respondents. 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. If such action is allowed, it affects the rights of the petitioner. It is submitted that at present, the authorities are supplying essential commodities through Village Revenue Officer. Accordingly, prayed to allow the writ 4 petition by directing the authorities to supply essential commodities to the petitioner’s Fair Price Shop. 4. On the other hand, learned Assistant Government Pleader, on instructions, submitted that no enquiry is pending against the petitioner. However, the essential commodities are being supplied through the Village Revenue Officer. 5. Perused the record and considered the submissions of both the learned counsel. 6. In Oleti Tirupathamma Vs. The District Supply Officer (City), Visakhapatnam and others1, 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 1 2002 (1) ALD 577 5 essential commodities to the petitioner. Keeping the facts and circumstances of the case and the Judgment referred to supra, this Court is inclined to dispose of the writ petition by directing the respondent authorities to supply essential commodities to the petitioner’s Fair Price Shop No.0618023 situated at Penamaluru Village and Mandal, Krishna District, forthwith. However, this order does not preclude the authorities from taking steps against the petitioner’s authorization, if necessity arises, if so advised 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: 27.01.2026 ANS 6 303 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16886/2025 Date: 27.01.2026 ANS