Extracted from the PDF above. The PDF is authoritative.
APHC010583472024
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: 30416/2024 Between:
1. PODILI NAGARAJA, W/O. KOTESWARA RAO, AGED ABOUT 37 YEARS, F.P. SHOP DEALER, SHOP NO.0827010, R/O.
SIVALAYAM STREET, MEDARAMETIA VILLAGE, KORISAPADU MANDAL, BAPATLA DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. 2. THE COLLECTOR C S, BAPATLA DISTRICT AT BAPATLA. 3. THE REVENUE DIVISIONAL OFFICER, CHIRALA, BAPATLA DISTRICT. 4. THE TAHSILDAR, KORISAPADU MANDAL, BAPATLA DISTRICT. 5. THE INCHARGE, MLS POINT ADDANKI, BAPATLA 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 order or orders more particularly one in the nature of writ of mandamus declaring the action of the Respondents
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No.4 and 5, in not supplying the commodities to the petitioner, in respect of the Fair Price Shop No.0827010 of Medarametia Village Korisapadu Mandal, Bapatla District, as illegal, arbitray, violation of principles of natural justice and violation of Article 14 and 21 of constitution of India and consequently direct the respondents to release the commodities for the month of December, 2024, to the petitioner's Fair Price Shop No.0827010 of Medarametia Village, Korisapadu Mandal, Bapatla District, and to such other order or orders 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 direct the respondents to release the commodities for the month of December, 2024, to the petitioner's Fair Price Shop No.0827010 of Medarametia Village, Korisapadu Mandal, Bapatla District, pending disposal of the above writ petition and to 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 Vacate the Interim Order dated on 08.04.202^ passed in I.A.No.1 OF 2024 in W.P.No.30416 of 2024 and dismiss the writ petition and to pass Counsel for the Petitioner:
1. MADHAVA RAO NALLURI 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 respondents stopped supplying essential commodities to the petitioner and not allowing him to function as Fair Price Shop Dealer of Fair Price Shop No.0827010 of Medarametla Village, Korisapadu Mandal, Bapatla District.
2. Heard Sri Madhava Rao Nalluri, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies.
3. Sri Madhava Rao Nalluri, 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 without suspension or cancellation of his authorization. He would further contend that pursuant to the interim orders passed by this Court on 08.04.2025 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 Fair Price shop authorization of the petitioner is
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either suspended or 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 Fair Price shop authorization of the petitioner. Therefore, stoppage of supply of essential commodities for being distributed to the cardholders allocated to the Fair Price shop of the petitioner is unsustainable.
7. The record discloses that this Court vide interim orders dated 08.04.2025 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 Fair Price 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 Fair Price shop of the petitioner. In case the respondent authorities intend to take action against the irregularities, if any, committed by the petitioner,
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they can take steps in accordance with law. 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