APHC010354102024 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: 18114/2024 Between: 1. SRI G. C. RANGAIAH, S/O LATE BALANAGAIAH, AGED ABOUT 65 YEARS, OCC. F. P. SHOP DEALER, F. P. SHOP. NO. 1102027, R/O. VEPARALA VILLAGE, MYLAVARAM MANDAL, YSR KADAPA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, YSR KADAPA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, JAMMALAMADUGU DIVISION, YSR KADAPA DISTRICT. 4. THE TAHSILDAR, MYLAVARAM 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 of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondents 3rd and 4thin not supplying the essential commodities to the petitioner fair price shop No. 1102027 situated at Veparala Village, Mylavaram Mandal, YSR Kadapa District without there being any suspension or cancellation of authorization is 2 illegal, arbitrary and violation of principles of natural justice consequently direct the 3rd and 4th respondents to supply the essential commodities to the petitioner Fair Price Shop No. 1102027 situated at Veparala Village, Mylavaram Mandal, YSR Kadapa District by enabling him to supply to the card holder 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 pleased direct the 3rd & 4th respondents to supply the essential commodities to the petitioner Fair Price Shop No. 1102027 situated at Veparala Village, Mylavaram Mandal, YSR Kadapa District by enabling him to supply to the card holders pending disposal of the above Writ Petition Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: To declare the action of respondent Nos.3 and 4 in not supplying the essential commodities to the petitioner’s Fair Price Shop No.1102027 situated at Veparala Village, Mylavaram Mandal, YSR Kadapa 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 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. It is further submitted that an enquiry under Section 6A of the Essential Commodities Act has been initiated. 4 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 others 1 , 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 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.1102027 situated at Veparala Village, Mylavaram Mandal, YSR Kadapa District, forthwith. However, this order does not preclude the authorities from taking steps against the petitioner’s authorization, if necessity arises and as advised in accordance with law. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 1 2002 (1) ALD 577 5 As a sequel, miscellaneous applications, pending if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 27.01.2026 JLV 6 282 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 18114/2024 Date: 27.01.2026 JLV