APHC010437842024 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: 22288/2024 Between: 1. KAMANI PEDDANNA,, S/O. NAGANNA, AGED ABOUT 48 YEARS, R/O. YARRAGATLAVANDIA PALLI, VANDADI VILLAGE, CHINNAMANDEM MANDAL, ANNAMAIAH DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR CIVIL SUPPLIES, ANNAMAIAH DISTRICT, RAYACHOTY. 3. THE JOINT COLLECTOR, ANNAMAIAH DISTRICT, RAYACHOTY. 4. THE MANDAL TAHSILDAR, CHINNAMANDEM MANDAL, CHINNAMANDEM, ANNAMAIAH DISTRICT. 5. B SREENIVASULU NAIK, S/O. NOT KNOWN TO THE PETITIONER, AGED ABOUT 46 YEARS, PRESENTLY WORKING AS MANDAL REVENUE INSPECTOR, CHINNAMANDEM MANDAL, CHINNAMANDEM, ANNAMAIAH DISTRICT. 2 6. Y RAMAIAH, S/O. NOT KNOWN TO THE PETITIONER, AGED ABOUT 55 YEARS, WORKING AS VILLAGE REVENUE OFFICER,VANDADI CHINNAMANDEM MANDAL, CHINNAMANDEM, ANNAMAIAH DISTRICT. 7. SHAIK SALEEM, S/O. NOT KNOWN TO THE PETITIONER, AGED ABOUT 40 YEARS, WORKING AS VILLAGE ASSISTANT, VANDADI CHINNAMANDEM MANDAL, CHINNAMANDEM, ANNAMAIAH 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, Direction, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the highhanded illegal action of the respondents more particularly the respondent nos. 4 - 7 in taken away the stocks forcibly from Fair Price Shop/ stock room of the petitioner F.P.Shop No.1148015, D.No.1/62, Yerragatlavandlapalli, H/o. Vandadi Village, Chinnamandem Mandal, Annamaiah Distict on 26.09.2024 without giving any notice, without any allegations, without conducting any enquiry, without conducting Panchanama, without verifying the stocks and without giving any receipt to petitioner family members as illegal, arbitrary and violative of Principles of Natural Justice, contrary to the provisions of the Essential Commodities Act, 1955 and Rules made thereunder, and consequently direct the respondents to continue the petitioner as dealer for the F.P.Shop No.1148015, D.No.1/62, Yerragatlavandlapalli, H/o. Vandadi Village, Chinnamandem Mandal, Annamaiah Distict by restoring the seized stock and grant 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 direct the respondent to hand over the stock which was taken away by the respondents 4- 7 on 26.09.2024 and grant 3 IA NO: 2 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 direct the respondent to allot and release the stocks to the Petitioner for distribution for the month of October, 2024 and onwards forthwith and grant s Counsel for the Petitioner: 1. P SREE RAMULU NAIDU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES The Court made the following: ORDER: Questioning the action of the respondent Nos.4 to 7 in taking away the stocks forcibly from the Fair Price Shop of the petitioner bearing No.1148015 at D.No.1/62 of Yerragatlavandlapalli, H/o. Vandadi Village, Chinnamandem Mandal, Annamaiah District, the present writ petition is filed. 2. Heard Ms.P.Lakshmi Priya, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies. 3. Learned counsel for the petitioner while reiterating the contents of the writ affidavit would contend that the petitioner is a permanent fair price shop dealer for the subject shop and distributing commodities to the utmost satisfaction of the cardholders and the officials. While so, the 4 authorities, on 26.09.2024, without any notice and without issuing any panchanama, forcibly took the stock away from the petitioner’s fair price shop. Thereafter, he made a representation dated 28.09.2024 to the 3rd respondent for return the stock and take appropriate action against the illegal action. However, no action has been initiated by the respondents. He further submitted that if such highhanded action of the respondents is allowed, it not only affects the rights of the petitioner but also his livelihood would be affected, as such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. Sri Appasani Vineeth, learned Assistant Government Pleader, on written instructions dated 29.01.2026 submitted that due to some irregularities committed by the petitioner, the Joint Collector, Annamayya District, issued show cause notice under Section 6-B of Essential Commodities Act, 1955 inviting explanation, and the petitioner has submitted an explanation. He further submitted that the authorities have not passed any orders on the petitioner’s explanation. However, to ensure smooth functioning of the distribution of essential commodities to the cardholders, as an interim measure, alternative arrangements have been made, however, the respondents would pass appropriate orders in accordance with law, accordingly, prayed to pass appropriate orders. 5. Taking their submissions into consideration, as the respondents have an intention to pass orders on the petitioner’s explanation, there is 5 no purpose in keeping the writ petition pending, as such, without going into the merits of the matter, this Court is inclined to dispose of the writ petition by passing the following order: “The respondents are directed to pass orders on the explanation submitted by the petitioner by giving an opportunity of hearing within a period of two (02) months from the date of receipt of a copy of this order else the authorities have to restore the authorization of fair price shop to the petitioner.” 6. 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: 31st January, 2026 RKS