APHC010353632024 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: 18034/2024 Between: 1. G ESWAR REDDY, S/O YANGAMUNI REDDY, AGED 51 YEARS. PERMANENT FAIR PRICE SHOP DEALER, SHOP NO. 1231013, UPPARLAPALLI VILLAGE, BATHALAPALLI MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT AT SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2. JOINT COLLECTOR, PUTTAPARTHY, SRI SATYA SAI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, DHARMAVARAM, SRI SATYA SAI DISTRICT. 4. THE TAHSILDAR, BATHALAPALLI MANDAL SRI SATYA SAI 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 a Writ of Mandamus or any other appropriate 2 Writ or Writs, Order or Direction, declaring the action of Respondents in not supplying essential commodities to the petitioner as illegal and arbitrary and to consequently direct the Respondent Nos. 3 AND 4 to forthwith supply essential commodities to the petitioner and allow him to function as Fair Price Shop Dealer of F P Shop No.1231013 of Upparlapalli Village, Bathalapalli Mandal, Sri Sathya Sai District, by regularly supplying essential commodities.and pass IA NO: 1 OF 2024 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 issue Interim directions to release Essential Commodities by the Respondent Nos. 3 & 4 to allow the petitioner to function as Fair Price Shop Dealer of F P Shop No.l231013 of Upparlapalli Village, Bathalapalli Mandal, Sri Sathya Sai District, by regularly supplying essential commodities, pending disposal of W P No. of 2024 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 grant leave to petitioner herein/Respondent No.4 in the WP.No. 18034 of 2024 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner: 1. N RANGA REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: To declare the action of the respondents in not supplying essential commodities to the petitioner, as illegal and arbitrary, the present writ petition is filed. 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. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that, the petitioner is physically handicapped/disabled person and has been appointed as a permanent fair price shop dealer appointed vide proceedings dated 25.02.2004 and his authorization has been renewed till 2019. Thereafter, due to ill health, as the petitioner could not supply essential commodities to the cardholders, a leave letter has been submitted to respondent Nos.3 & 4, however, the same was neither accepted nor considered and abruptly, the supplying essential commodities has been stopped without issuing any show cause notice or passing orders on the petitioners dealership. He further submitted that despite making several requests, the respondents are not supplying essential commodities to the petitioner, as such, prayed to pass appropriate orders. 4 4. On the other hand, learned Assistant Government Pleader for Civil Supplies on counter submitted that even according to the affidavit, the supply of commodities have been stopped from 2019 and the writ petition has been filed in the year 2024 after 6 long years. The petitioner did not approach this Court in time, accordingly, prayed to dismiss the writ petition on the ground of latches. 5. Perused the record and considered the submissions made by the learned counsel for the parties. 6. It is not in dispute that the petitioner has been appointed as permanent fair price shop dealer in the year 2004. Even according to the petitioner, the authorities have stopped supplying the essential commodities since 2019. As rightly contended by the learned Assistant Government Pleader for Civil Supplies, the writ petition has been filed in the year 2024. No reasons are coming forward as to why the petitioner has knocked the doors of this Court after 5 long years. The Hon’ble Apex Court, in Surjeet Singh Sahni Vs. State of U.P. and Ors., by order dated 28.02.2022 in SLP(C).No.3008/2022, has categorically held that High Courts have to consider whether the writ petition is filed belatedly and/or the same is barred by latches and/or not, so that in future the person who has approached belatedly may not contend that the fresh cause of action has arisen on rejection of the representation. 5 7. In view of the facts and circumstances of the case, the writ petition is liable to be dismissed on the ground of latches. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 21st January, 2026 RKS