Disposed¶34

J Dhanunjaya v. the State of Andhra Pradesh

Andhra Pradesh HC9 Jan 2025WP/421/2025

Case brief

AI extract

What is this about?

Fair price shop dealer; suspension or cancellation of authorization; seizure panchanama; stock deviation of 16 kg Ragi flour; supply of commodities while authorization subsists; change of shop address without permission; A.P. State Targeted Public Distribution System (Control) Order, 2018; Article 226 mandamus; Civil Supplies Department, Nandyal District; writ disposed with direction to continue supply.

What did the court decide?

Commodities shall be supplied to the petitioner so long as his authorization remains in force, subject to compliance of the other conditions; the small-quantity Ragi flour variation is to be explained by the dealer and the change of address is a matter to be enquired; no orders as to costs. ¶34

J Dhanunjaya Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

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APHC010007222025

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

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[3311]

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FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY-FIVE

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION NO: 421/2025

Between:

J Dhanunjaya

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.M M M SRINIVASA RAO

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Counsel for the Respondent(S):

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1.GP FOR CIVIL SUPPLIES

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The Court made the following:

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ORDER:

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This Writ Petition under Article 226 of Constitution of India is filed for the following relief:

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…to issue a writ or direction preferably writ of mandamus declaring the seizer panchanama conducted by the 5^th respondent on 11.12.2024 even though there are no variations except Ragi Flour of 16 kgs and the action of the respondents No.3 and 4 in not allowing the petitioner to run FP Shop i.e., Shop No 1338029, R.Krishnapuram Village, Allagadda Mandal, Nandyal District., “without there being any order of suspension or cancellation” and without following due

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BSB, J W.P.No.421 of 2025

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procedure under The Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary, contrary to the Judgment passed by the Full Bench in 2002 (1) ALD 577 and violative of principles of natural justice and consequently set aside the panchanama dt:11.12.2024 and further direct the respondents to continue the petitioner as FP Shop dealer as usual …

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

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The petitioner was appointed as a permanent dealer of fair price shop No. 1338029, R.Krishnapuram Village, Allagadda Mandal, Nandyal District in the year 1986. The authorization of the petitioner is valid up to 31.03.2025.

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The learned counsel for the petitioner submitted that only because of the alleged shortage of 16 Kgs Ragi flour, the respondent authorities are not supplying the commodities to the petitioner without any order of suspension or cancellation of the authorization of the petitioner.

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The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions, and stated that apart from the shortage of the commodity Ragi flour, there is change of address in the shop from the authorized premises without any permission and therefore, there is violation of the conditions of the A.P.S.T.P.D.S (Control) Order, 2018. However, he submitted that there is no order of cancellation or suspension of the authorization, and that necessary action would be taken in due course.

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5. The table of the contents of the stock is as follows:

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SI. No	Commodities Details	Opening Stock	Receive d Stock	Total	Sales	Stock in the ePoS	Physical Balance	Deviation
1	PDS rice	235	9500	9735	9510	225	225	Nil
2.	Sugar	-	600 P	600 P	592	8	8	Nil
3.	Redgram (Kandi)	57	350	407	407	-	-	Nil
4.	Ragi Pindi	16	-	16	-	16	*	16 Kg

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BSB, J W.P.No.421 of 2025

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As can be seen from the copy of panchanama which is annexed to the petition, except variation of small quantity of Ragi flour which needs to be duly explained by the dealer, there is no major violation in so far as the commodities are concerned. The change of address is a matter to be enquired. However, so long as the authorization of the petitioner is in force, commodities shall be supplied, subject to the compliance of the other conditions.

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