Extracted from the PDF above. The PDF is authoritative.
APHC010511082023
IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26991/2023 Between:
1. S JANAKI, W/O. SUBBARAYUDU, AGED ABOUT 47 YEARS, OCC. FAIR PRICE SHOP DEALER, R/O.TOGURUPALLE VILLAGE, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT
1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, CIVIL BUILDINGS, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, , ANNAMAYYA DISTRICT, RAYACHOTY. 3. THE REVENUE DIVISION OFFICER, RAJAMPETA REVENUE DIVISION, ANNAMAYYA DISTRICT. 4. THE TAHSILDAR, T.SUNDUPAL DISTRICT. 5. THE FOOD INSPECTOR, RAJAMPETA, ANNAMAYYA DISTRICT
6. THE VILLAGE REVENUE OFFICER, MACHIREDDYPALLI VILLAGE. T.SUNDUPALLI MANDAL, ANNAMAYYA 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 topleased to issue an appropriate order or direction more particularly
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26991/2023 S JANAKI, W/O. SUBBARAYUDU, AGED ABOUT 47 YEARS, OCC. FAIR PRICE SHOP DEALER, R/O.TOGURUPALLE VILLAGE, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. THE JOINT COLLECTOR, , ANNAMAYYA DISTRICT, RAYACHOTY. THE REVENUE DIVISION OFFICER, RAJAMPETA REVENUE DIVISION, ANNAMAYYA DISTRICT. THE TAHSILDAR, T.SUNDUPALLI MANDAL, ANNAMAYYA THE FOOD INSPECTOR, RAJAMPETA, ANNAMAYYA DISTRICT THE VILLAGE REVENUE OFFICER, MACHIREDDYPALLI VILLAGE. T.SUNDUPALLI MANDAL, ANNAMAYYA 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 an appropriate order or direction more particularly RC,J W.P.No.26991 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE SECOND DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI S JANAKI, W/O. SUBBARAYUDU, AGED ABOUT 47 YEARS, OCC. FAIR PRICE SHOP DEALER, R/O.TOGURUPALLE VILLAGE, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. THE JOINT COLLECTOR, , ANNAMAYYA DISTRICT, RAYACHOTY. THE REVENUE DIVISION OFFICER, RAJAMPETA REVENUE LI MANDAL, ANNAMAYYA THE FOOD INSPECTOR, RAJAMPETA, ANNAMAYYA DISTRICT THE VILLAGE REVENUE OFFICER, MACHIREDDYPALLI VILLAGE.
...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 an appropriate order or direction more particularly
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one in the nature of Writ of Mandamus filed declaring the action of the respondent No.3 in refusing to supply essential commodities to the petitioner Fair Price Shop No.1146025 of Machireddigaripalle Village, T.Sundupalli Mandal, Annamayya District, stating that, the proceedings under Section 6-A of the Essential Commodities Act, 1955 and also disciplinary proceedings under Andhra Pradesh State Targeted Public Distribution System (Control)
Order, 2018 are initiated, basing on the report submitted by the respondent No.4, eventhough,her authorization is very much in subsistence as arbitrary, illegal, contrary to the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control), Order, 2018 and also the well established legal principles, apart from being violative of the fundamental and Constitutional rights guaranteed to her under Articles 14, 19 and 21 of the Constitution of India consequently direct the respondent No.3 to supply essential commodities to the petitioner Fair Price Shop No.1146025, without referring to the proceedings initiated under Section 6-A of the Essential Commodities Act, 1955 and pass IA NO: 1 OF 2023 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 to direct the respondent No.3 to supply essential commodities to the petitioner's Fair Price Shop No.I146025, pending disposal of the above Writ Petition and pass Counsel for the Petitioner:
1. V R REDDY KOVVURI 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 no.3 stopped supplying essential commodities to the petitioner and not allowing her to function as Fair Price Shop Dealer of F.P.Shop No.1146025 of Machireddigaripalle village, T-Sunbdupalli Mandal, AnnamayyaDistrict.
2. Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioner, and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies.
3. Sri V.R.Reddy Kovvuri, 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 16.11.2023 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
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cancelled and in the instant case there was neither suspension nor 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 16.11.2023 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.
Consequently, miscellaneous petitions pending, if any, shall also stand closed.
___________________________ JUSTICE RAVI CHEEMALAPATI
DATE: 2nd day of February,, 2026.
RR