IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

FRIDAY, THE TWENTY SIXTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HON'BLE MS JUSTICE B. S. BHANUMATHI

WRIT PETITION NO: 16048 OF 2024

Between:

P. Babu Naik, S/o. P. Jagannath Naik, Age 28 years, Occ: F.P.Shop Dealer of Shop.No. 1254033, R/o. Somandepalli Village, Somandepalli Mandal, Sri Sathya Sai District, Erstwhile Anantapur District.

PETITIONER N

• 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Civil Supplies Départment, Secretariat Buildings At velagapudi, Amaravathi, Andhra Pradesh.
• 2. The District Collector, Sri Satya Sai District at Puttaparthy, Erstwhile Ananthapur District.
• 3. The Joint Collector, Sri Sathya Sai District at Puttaparthy, Erstwhile Anantapur District.
• 4. The Sub Collector, Penukonda, Sri Sathya Sai District.
• 5. The Tahsildar, Somandepalli Mandal, Sri Sathya Sai District.

...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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3^rd and 4^th respondents in not allotting the essential commodities to the F.P shops held by the petitioner at Somandepalli Village (Shop.No. 1254033) of Somandepalli Mandal, Sri Satya Sai District Erstwhile Anantapur District without there being any reason, without issuing any notice to the petitioner though the petitioner authorization is valid and subsisting is illegal,

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arbitrary and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution SystQnn (Control) Order 2018 dnd principles of natural justice and consequehtly direct the respoiidehts tb continue the petitioner to hold F.P. shop' Dealership of Somandepalii Village (Shop.No. 1254033) of Somandepalli Mandal, Sri Satya Sai 'bistrict Erstwhile Anantapur District.';'^

lA NO: ¹ OF 2024

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to continue the petitioner as F.P. shop Dealer and to supply essential commodities to the petitioners fair price shop at Somandepalli Village (Shop.No. 1254033) of Somandepalli Mandal, Sri Satya Sai District ,Erstwhile Anantapur District, pending disposal of Vl/rit Petition.

Counsel for the Petitioner : SRI K. NARSI REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER

APHCQ10318762024

IN THE HIGH COURT OF ANDHRA PRADE$H AT AMARAVATI (Special Original Jurisdiction)

[3311]

FRIDAY THE TWENTY SIXTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE MS JUSTICE B S BHANUMATHI

WRIT PETITION NO: 16048/2024

Between:

P. Babu Naik ...PETITIONER

AND

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1.KNARSI REDDY

Counsel for the Respondent(S):

1.GP FOR REVENUE

2.GP FOR CIVIL SUPPLIES

The Court made the following Order:

This writ petition is filed seeking the following relief:

"...to issue ^a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd and 4''' respondents in not allotting the essential commodities to the F.P shops held by the petitioner at Somandepalli Village (Shop.No.1254033) of Somandepalli Mandal. Sri Satya Sai District Erstwhile Anantapur District without there being any reason without issuing any notice to the petitioner though the petitioner authorization is valid and subsisting is illegal arbitrary and violative of Articles 14 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice and consequently direct the respondents to continue the petitioner to hold F.P

shop Dealership of Somandepalli Village (Shop.No.1254033) of Somandepalli Mandal, Sri Satya Sal District Erstwhile Anantapur District..."

2. The case of the petitioner is briefly as below:

The petitioner is functioning as ^a fair price shop dealer (Shop. No.1254033) of Somandepalli Village, Somandepalli Mandal, Sri Satya Sai District Erstwhile Anantapur District, since 21.01.2015 and discharging his duties without.any fault or complaint from anybody. On 23.07.2024, the 5th respondent instructed him not to deposit the cheque for issuance of essential commodities and the 5th respondent orally instructed that commodities will not be issued for the current month and that he will not accept cheque/amount for supply of essential commodities. The petitioner orally requested the 4th respondent to do the needful by explaining about his family status and regarding distribution of essential commodities to the cardholders by him for all these years without any complaints. The 5th respondent replied that due to recent changes in the Government, there local political pressures on them and therefore, the respondents No.3 to 5 are trying to allot the dealership to the persons of their choice and planned to distribute the essential commodities through third parties without following any procedure. are

The learned Assistant Government Pleader for Civil Supplies submitted that so far, no action had been taken for suspending the authorization/license of the petitioner and all the allegations made in the 03.

*^'1-

2

affidavit are baseless. He further submitted that it is only due to unfounded apprehension, the petition has been filed.

4. The learned counsel for the petitioner further submitted that apprppriate orders may be passed in this regard.

5. So far, as no action has been initiated against the petitioner herein to cancel/suspend the authorization/license of the petitioner, the petitioner is entitled to regular supply of essential commodities subject to payment of the necessary amount and following the procedure.

6. In the result, the writ petition is disposed of with a direction to the respondent authorities to continue the supply of essential commodities to the petitioner on compliance of the requirements as per the procedure, so long as the authorization is subsisting. It is open for the respondent authorities to take action as per law if any violation is found. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

SDI- M.PRABHAKARA RAO ASSISTANT) REGISTRAR, //TRUE COPY// SECT -OFFICER To,

• InS Collector, Sri Satya Sai bistrict Ananthapur District. at Puttaparthy, Erstwhile
• P'^ttaparthy, Erstwhile

3

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• 4. The Sub Collector, Penuko^r^a, Sri Sathya Sal District.
• 5. The Tahsildar. Somandepalimandal, Sri Sathya Sai District.
• 6. One CC to Sri K. Narsi Re^ddy, Advocate [OPUC]
• ioUT?*^^ '^'9^ of Andhra Pradesh.
• 8. Three C.D. Copies.

Cnr

HIGH COURT

DATED:26/07/2024

ORDER

WP.No.16048 of 2024

DISPOSING THE W.P. WITHOUT COSTS