Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 5703 (AP)

DUDDU POTHURAJU v. THE STATE OF ANDHRA PRADESH

WP/19352/2026 · 2026-07-19

Subba Reddy Satti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010362572026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19352/2026 Between: 1. DUDDU POTHURAJU, S/O CHANDRAIAH, AGED ABOUT 50 YEARS, R/O 4-1 OH, SC COLONY, CHIMMIRIBANDA, KONANKI, PRAKASAM, ANDHRA PRADESH 523260 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR, ANDHRA PRADESH 522238 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE (VIGILANCE) DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR, ANDHRA PRADESH 522238 3. THE DISTRICT CIVIL SUPPLIES OFFICER, CIVIL SUPPLIES DEPARTMENT, BAPATLA, BAPATLA DISTRICT, ANDHRA PRADESH 522101 4. THE DISTRICT COLLECTOR, BAPTLA DISTRICT, ANDHRA PRADESH 522101 5. THE REVENUE INSPECTOR CIVIL SUPPLIES, I/C MARTHUR MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH 523301 6. THE TAHSILDAR, O/O REGIONAL VIGILANCE AND ENFORCEMENT OFFICE, GUNTUR, GUNTUR DISTRICT 522004 7. THE INSPECTOR OF POLICE, O/O REGIONAL VIGILANCE AND ENFORCEMENT OFFICE, GUNTUR, GUNTUR DISTRICT 522004 8 THE REVENUE DIVISIONAL OFFICER, CHIRALA, ANDHRA PRADESH 523155. ...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 an appropriate writ order or direction preferably a Writ in the nature of Mandamus for declaring the action of the 4TH Respondent and Respondent in seizing the Fair Price Shop vide Number 0820021 of the Petitioner on 6.7.2026 and PDS Rice to an extent of 4800kgs along with AePDS machine and electronic weighing machine and not permitting Petitioner to run Fair Price shop at the instance of political influence without issuing any notice, without following procedure under the law as illegal, arbitrary, contrary to THE ESSENTIAL COMMODITIES ACT, 1955 and ANDHRA PRADESH STATE TARGETED PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER, 2018 and violative of Article 12, 14 and 19 and 21 of Constitution of India and consequently direct the Respondents to unseize the Fair Price Shop vide Number 0820021 of the Petitioner forthwith and release the seized Rice along with AePDS machine and electronic weighing machine and direct the Respondents to permit the Petitioner to run Fair Price Shop by supplying the commodities for distribution and further declare the panchnama report dated 6.7.2026 which is written on 8.7.2026 and back dated as illegal, arbitrary, contrary to THE ESSENTIAL COMMODITIES ACT, 1955 and ANDHRA PRADESH STATE TARGETED PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER, 2018 and violative of Article 12, 14 and 19 and 21 of Constitution of India and pass IA NO: 1 OF 2026 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 unseize the Fair Price Shop vide Number 0820021 of the Petitioner forthwith and release the seized Rice along with AePDS machine and electronic weighing machine and direct the Respondents to permit the Petitioner to run Fair Price Shop by supplying the commodities for distribution and pass IA NO: 2 OF 2026 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 implead the Proposed Respondent No.8 as 8th Respondent in the W.P.No.19352 of 2026 and/or pass Counsel for the Petitioner: 1. N BHARATH SIMHA REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR CIVIL SUPPLIES The Court made the following: ::ORDER :: Heard Sri N. Bharath Simha Reddy, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies, appeared for the respondents. 2. The petitioner was appointed as Fair Price Shop dealer in respect of F.P. Shop bearing No.0820021 of Chimmiribanda Village, Martur Mandal, Bapatla District in 2012. The Tahsildar, Martur Mandal and other officials inspected the shop on 06.07.2026. Thereafter, the Tahsildar, Martur Mandal submitted a report to respondent No.8 on 08.07.2026. 3. Learned counsel for the petitioner would submit that in pursuance of the inspection, respondent No. 8 has not been supplying commodities and allowing the petitioner to distribute the same to the card holders. 4. Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies, on instructions, would submit that respondent No.8 is yet to decide on the report submitted by the inspecting officials. 5. Given the facts and circumstances of the case, keeping the writ petition pending, inviting a counter-affidavit, will not serve any purpose. Hence, the Writ Petition is disposed of, at the stage of admission, with the consent of learned counsel appearing on either side, with the following conditions: (i) The learned respondent No.8 shall release the commodities in respect of F.P. Shop bearing No.0820021 of Chimmiribanda Village, Martur Mandal, Bapatla District and allow the petitioner to distribute the same to the card holders immediately. (ii) Learned respondent No.8 shall also release the ePoS machine, which was seized on the date of inspection. (iii) However, this order will not preclude the respondent No.8 from acting upon the inspection report dated 08.07.2026 and initiating necessary action, strictly in terms of Clause 8(4) of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 as any other Rules in vogue. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 20.07.2026 TVN Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 3 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.19253 OF 2026 Date: 20.07.2026 TVN