APHC010097322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 5026/2025 Between:

1. E BHAGYALAKSHMI, W/O D.V.JAYARAM REDDY AGED ABOUT 51 YEARS. TEMPORARY FAIR PRICE SHOP DEALER SHOP NO. 1257048 R/O 6-18, APPALAKUNTA VILLAGE, HINDUPUR MANDAL, SRI SATHYA SAI DIST.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT

2. THE SUB COLLECTOR REVENUE DIVISIONAL OFFICER, PENUKONDA, SRI SATHYA SAI DISTRICT

3. THE TAHSILDAR, , HINDUPUR MANDAL, SRI SATHYASAI 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 tomay be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring and setting aside the Order dated 17.2.2025 in Rc.No. 542/2025/C on the file of the 2nd Respondent, as illegal, arbitrary, unconstitutional and violative of principles of natural justice besides A P State Targeted Public being violative of the provisions of Distribution System (Control) Order, 2018 and to consequently direct the Respondents to allow the petitioner to function as Fair Price Shop Dealer of F.P.Shop No. 1257048 of Appalakunta VUlage, Hmdupur Mandal, Sri Sathya Sai District, by regularly supplying essential commodities and pass such 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 may be pleased to issue interim directions to the Respondents to allow the petitioner to function as Fair Price Shop Dealer of F.P.Shop No. 1257048 of Appalakunta Village, Hindupur Mandal, Sri Sathya Sai District, by regularly supplying essential commodities without reference to the Order dated function as 17.2.2025 in Rc.No. 542/2025/C on the file of the 2nd Respondent, pending disposal of W.P.No of 2025 and pass such Counsel for the Petitioner:

1. N RANGA REDDY Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES The Court made the following:

ORDER The writ petition has been filed questioning the order dated 17.02.2025 issued vide Rc.No.542/2025/C by respondent no.2-Sub Collector, Penukonda, cancelling the Fair Price Shop authorization of the petitioner in respect of Shop No.1257048, Appalakunta Village, Hindupur Mandal, Sri Sathya Sai District.

2. The case of the petitioner, in brief, is that she was appointed as F.P.shop dealer of the subject F.P.shop on permanent basis and ever since she had been supplying essential commodities to the cardholders. It is the further case of the petitioner that alleging variation of stock, the authorities when refused to receive demand draft for the purpose of supplying stock and pressurized her to give up the dealership, she filed Writ Petition vide W.P.No.14053 of 2024, which was disposed of by this Court directing the authorities to continue the dealership until appropriate orders are passed in accordance with law. It is further stated that despite the said orders, the authorities once again tried to stop supply of stocks without any orders of suspension or cancellation and thereupon the petitioner filed another writ petition vide W.P.No.2013 of 2025 and this Court by orders dated 27.01.2025 directed the authorities to supply essential commodities. It is further stated in the petition that respondent no.2-Revenue Divisional Officer issued show cause notice dated 31.01.2025 alleging variation of stock, for which the petitioner submitted suitable explanation and within two (02) days from the date of the explanation, the respondent no.2 passed the impugned orders cancelling and termination the dealership of the petitioner. Hen