Extracted from the PDF above. The PDF is authoritative.
APHC010482282024
IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between:
1. MUKKARA MAHESWARAMMA, W/O LATE M. MAHESWARA REDDY, AGED ABOUT 47 YEARS, OCC. FAIR SHOP DEALER. R/O. D. NO. 6/112, AKUMALLA VILLAGE, SANJAMALA MANDAL, KURNOOL NOW NANDYAL DISTRICT. 1. THE STATE OF AP, REP. BY CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUBCOLLECTOR CUM REVENUE DIVISIONAL OFFICER, NANDYAL, KURNOOL NOW NANDYAL DISTRICT. 3. THE TAHSILDAR, S NANDYAL DISTRICT. 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 tomay be pleased to issue a
1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24827/2024 MUKKARA MAHESWARAMMA, W/O LATE M. MAHESWARA REDDY, AGED ABOUT 47 YEARS, OCC. FAIR SHOP DEALER. R/O. D. NO. 6/112, AKUMALLA VILLAGE, SANJAMALA MANDAL, KURNOOL NOW NANDYAL DISTRICT. ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR THE SUBCOLLECTOR CUM REVENUE DIVISIONAL OFFICER, NANDYAL, KURNOOL NOW NANDYAL DISTRICT. THE TAHSILDAR, SANJAMALA MANDAL, KURNOOL NOW NANDYAL 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 tomay be pleased to issue a Writ of Mandamus or any other RC,J W.P.No.24827 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE FOURTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI MUKKARA MAHESWARAMMA, W/O LATE M. MAHESWARA REDDY, AGED ABOUT 47 YEARS, OCC. FAIR SHOP DEALER. R/O. D. NO.
6/112, AKUMALLA VILLAGE, SANJAMALA MANDAL, KURNOOL ...PETITIONER ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR THE SUBCOLLECTOR CUM REVENUE DIVISIONAL OFFICER, ANJAMALA MANDAL, KURNOOL NOW ...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 Writ of Mandamus or any other
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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. 1345030 situated at Akumalla Village, Sanjamala Mandal, Kurnool Now Nandyal District without there being any suspension or cancellation of authorization is illegal, arbitrary and violation of principles of natural justice consequently direct the 2nd and 3rd respondents to supply the essential commodities to the petitioner Fair Price Shop No. 1345030 situated at Akumalla Village, Sanjamala Mandal, Kurnool Now Nandyal District by enabling him to supply to the card holders 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 may be pleased to direct the 2nd and 3rd respondents to supply the essential commodities to the petitioner Fair Price Shop No. 1345030 situated at Akumalla Village. Sanjamala Mandal, Kurnool Now Nandyal 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 The Court made the following:
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ORDER
The grievance of the petitioner is that the respondent nos.2 and 3 stopped supplying essential commodities to the petitioner and not allowing her to function as Fair Price Shop Dealer of F.P.Shop No.1345030 of Akumalla Village, Sanjamala Mandal, Nandyal District.
2. Heard Sri K.Srinivas, learned counsel for the petitioner, and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies.
3. Sri K.Srinivas, learned counsel for the petitioner, while reiterating the contents of the writ affidavit would contend that the authorities stopped supplying essential commodities to the Fair Price Shop of the petitioner. He would further contend that pursuant to the interim orders passed by this Court on 28.10.2024 the respondent authorities restored supply of stocks. He would further contend that stoppage of supply of essential commodities without suspension or cancellation of the Fair Price Shop authorization is illegal and arbitrary. Accordingly, prayed to allow the writ petition.
4. Sri Vineeth Appasani, learned Assistant Government Pleader, fairly conceded that the authorities cannot stop supply of essential commodities, unless the FP shop authorization of the petitioner is either suspended or cancelled and in the instant case there was neither suspension nor
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cancellation of the authorization and the authorities, if intend, would take steps in accordance with law against the irregularities, if any, committed by the petitioner.
5. Perused the material available on record and considered the
submissions made by learned counsel for the parties.
6. As rightly contended by the learned counsel for the petitioner and fairly conceded by the learned Assistant Government Pleader, there is neither suspension nor cancellation of the FP shop authorization of the petitioner. Therefore, stoppage of supply of essential commodities for being distributed to the cardholders allocated to the FP shop of the petitioner is unsustainable.
7. The record discloses that this Court vide interim orders dated 28.10.2024 directed the authorities to supply stock and it is admitted by the
learned counsel for the petitioner that since then there was supply of goods to the FP shop of the petitioner.
8. In view of the above, the writ petition is disposed of, directing the authorities to continue to supply the essential commodities to the FP shop of the petitioner. In case the respondent authorities intend to take action against
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the irregularities, if any, committed by the petitioner, they can take steps in accordance with law. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 4th February,2026
RR