APHC010453132026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 3rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 24604 OF 2026 Between: 1. PATHAN MAKTUM SAHEB @ MAQTHUM SAHEB, S/o. Mahaboob Saheb age 44 years Occ Praice Shop Dealer R/o. D.No. 8-67 Pedda Mallapuram Village, Dhone Mandal Nandyal District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department A.P. Secretariat Buildings at Amaravati.-522237 2. The District Collector, Nandyal district at Nandyala.518501 3. The Revenue Divisional Officer, Dhone Revenue Division at Dhone Nandyal District.-518222 4. The Mandal Thasildhar, Dhone Mandal at Dhone Nandyal District.518222 5. The Mandal Revenue Inspector, Dhone Mandal at Dhone Nandyala District.-518222 ...Respondents 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 more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in not allocating the Essential Commodities and not permitting to continue the petitioner to distribute commodities for the fair price Shop No. 1349024 of Pedda 2 Mallapuram Village Dhone Mandal Nandyal District without issuing any show cause notice and without following the procedure contemplated under the Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 as illegal improper arbitrary and against the principals of natural justice, unconstitutional and violation of Articles 14,21 and also violation of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently direct the respondents 3 and 4 to continue the petitioner as F.P. shop Dealer and to supply essential commodities for the petitioner's fair price Shop No.1349024 of Pedda Mallapuram Village Dhone Mandal Nandyala District 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 direct the respondents 3 and 4 to continue the petitioner as F.P. shop Dealer and to supply essential commodities for the petitioner's fair price Shop No.1349024 of Pedda Mallapuram Village Dhone Mandal Nandyal District forthyvith pending disposal of the writ petition Counsel for the Petitioner: MARELLA RADHA Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: 3 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 24604 of 2026 ORDER This Writ Petition is filed seeking to declare the action of respondent Nos.2 to 4 in not allocating essential commodities, and not permitting to the petitioner to continue to distribute the commodities, in respect of the Fair Price Shop No. 1349024 of Pedda Mallapuram Village, Dhone Mandal, Nandyal District, without issuing any show-cause notice or without following the procedure contemplated under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 (for short, ‘the Control Order, 2018’) as illegal and arbitrary, and consequently direct the respondent Nos.3 and 4 to continue the petitioner as fair price shop dealer and to supply essential commodities, in respect of the said Fair Price Shop. 2. Brief facts of the case are that the petitioner was appointed as a Fair Price Shop Dealer of Fair Price Shop No.1349024, Pedda Mallapuram Village, Dhone Mandal, Nandyal District on 25.11.2006, and has been continuously discharging his duties, with his authorization being renewed from time to time. On 07.07.2026, 5th 4 respondent conducted an inspection and alleged certain minor variations in stock, and proposed action under Section 6-A of the Essential Commodities Act, 1955. It is the case of petitioner that his explanation was not considered, and though no order of suspension or cancellation of authorization was passed, the respondents stopped supplying essential commodities to the petitioner's shop and proposed to make alternate arrangements through third parties. 3. The petitioner contends that Clause 8(4) of the Control Order, 2018, requires an enquiry and recording of reasons before suspension or cancellation of authorization, but the said procedure has not been followed. Hence, the petitioner challenges the said action of the respondents as arbitrary and illegal and seeks a direction to permit him to continue the Fair Price Shop dealership in accordance with law. 4. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 5. The learned counsel for the petitioner reiterates the averments in the writ affidavit in his arguments. The learned Assistant Government Pleader for Civil Supplies, basing on the written instructions of the Revenue Divisional Officer, Dhone, dated 5 02.09.2026, that Section 6A enquiry report of the subject shop has not been received till date from the authority concerned and hence details seizure of subject shop are not available; that a letter was addressed to the Tahsildar, Dhone Mandal to submit Section 6A enquiry report in respect of the subject shop immediately, and that after receipt of said report from the Tahsildar, Dhone Mandal, appropriate action would be taken. 6. In this regard, it is pertinent to refer to the judgment of the Full Bench of this Court in Oleti Tirupathamma v. District Supply Officer (City), Visakhapatnam and others1, wherein it was categorically held as follows: “A statutory authority, it is trite, must act within the four corners of the statute in terms of the statutory orders and procedure laid down to suspend the licence. As already noticed hereinbefore, the authorities under the relevant orders have power to suspend the authorisation or licence of the dealer. Without applying its mind and without taking recourse thereto, the Court should not normally permit the authorities, unless extraordinary situation exists, to allow them to do something indirectly, which they cannot do it directly. If a broad proposition to this effect is laid down, the same, in a given case may amount to abuse of the process of law. The High Court while exercising its jurisdiction under Article 226 of the Constitution of India, acts sentinel qui vive 1 2002 (1) ALD 577 6 and thus it has to protect the citizen from arbitrary and capricious action of the executive. If the licensing authority themselves upon application of mind come to the conclusion that the irregularities committed by the fair price shop dealer would warrant suspension of his licence, it may do so. But, in our considered opinion, the authority without taking recourse to the said action, cannot, refuse to supply the essential commodities. In the event an order of suspension of licence is passed, the authorities will have to make an alternative arrangement. But, in a case of this nature, the card holders would be the worst sufferers inasmuch their essential commodities would not be supplied to them at all.” 7. In the case on hand, the petitioner has been running the subject fair price shop since 2006 and in the surprise inspection conducted by 5th respondent on 07.07.2026, minor variations in stock was noticed. Even as per the written instructions submitted by 3rd respondent-RDO, report of Section 6A enquiry is awaited from 4th respondent-Tahsildar. It is settled that if the licensing authority, upon application of mind, comes to conclusion that certain irregularities were committed by the fair price shop owner, the same warrant suspension of license and it may do so by recording reasons. But, without taking recourse to the said action, the authority cannot stop 7 supply of essential commodities to the petitioner and the same is contrary to law in view of the law laid down in the aforesaid Judgment. 8. In the light of the aforesaid facts and circumstances of the case, the respondents are directed to supply essential commodities to the petitioner’s Fair Price Shop and allow the petitioner to distribute them to the cardholders. 9. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. JUSTICE K. SREENIVASA REDDY Date: 03.09.2026. Note: Issue C.C. in one week. B/o. PAB/EV