APHC010228302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 11941/2025 Between: 1. B. LAKSHMI DEVI,, W/O. CHANDRA SEKHAR REDDY, AGED ABOUT 40 YEARS. PERMANENT F.P SHOP DEALER OF F.P SHOP NO.1182033, DOOR NO. 5/1281, MAHENDRA NAGAR, PRODDATUR TOWN, PRODDATUR MANDAL, Y.S.R KADAPA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, Y.S.R DISTRICT, KADAPA.2. 3. THE REVENUE DIVISIONAL OFFICER, JAMMALAMADUGU DIVISION Y.S.R DISTRICT, 4. THE TAHSILDAR, PRODDATUR MANDAL, Y.S.R DISTRICT ...RESPONDENT(S): 2 VS, J W.P.No.11941 of 2025 Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS, J W.P.No.11941 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “….to issue an appropriate Writ, Order or direction under Article 226 of constitution of India more particularly one in the nature of Writ of Mandamus declaring the proceedings in Ref. No. B/992/2024, dated 01.07.2024 issued by the respondent No.3 accepting my resignation forceful resignation without affording an opportunity as arbitrary and illegal, contrary objectives of the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Orders, 2018 and contrary to the well-established legal principles and judgment of this Hon'ble Court in W.P.No.36058 of 2014 apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently set aside the proceedings in Ref. No. B/992/2024, dated 01.07.2024 issued by the respondent No.3 and reinstate the Petitioner as the fair price shop…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 3. The petitioner was appointed as a temporary fair price shop dealer for shop No.1182033 situated in 7th ward, Sreenivasa Nagar, Proddatur Mandal in the year 2021. 4 VS, J W.P.No.11941 of 2025 4. The grievance of the petitioner is that while the matter being so, on 18.06.2024, the respondent authorities have forcibly obtained a resignation letter from the petitioner stating that due to change in the Government all the fair price shop dealers have to resign. On 01.07.2024 the 3rd respondent has passed orders stating that the petitioner has resigned to the said fair price shop as per the report of the 4th respondent. Challenging which, the present writ petition is filed. 5. The case of the petitioner in the present writ petition is that for the past ten months he did not meet the Revenue Officials as he was threatened with dire consequences and as such submitting his resignation to the respondent authorities does not arise. Basing on the report of the 4th respondent, the 3rd respondent-Revenue Divisional Officer has issued proceedings on 01.07.2024 accepting the petitioner’s resignation and cancelling her authorization under Clause 8(4) of A.P.S.P.D.S. Control (Order), 2018 and thereafter, the 4th respondent was also instructed to make alternative arrangements to maintain uninterrupted distribution of essential commodities to the card holders. After coming to know the same, the petitioner submitted 5 VS, J W.P.No.11941 of 2025 a representation on 24.04.2025 requesting the 3rd respondent to revoke the orders dated 01.07.2024 duly stating that no such resignation was submitted by the petitioner as she is willing to continue as a fair price shop dealer. As no orders were passed on the said representation, the present writ petition is filed on the ground that the respondents even without conducting any enquiry as to whether the petitioner has voluntarily submitted the said resignation letter or not have issued the impugned proceedings on 01.07.2024. 6. When the writ petition came up for admission on 18.07.2025 this Court was pleased to pass the following interim order: “There shall be an interim suspension of the impugned order dated 01.07.2024.” 7. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Civil Supplies. 8. Learned counsel for the petitioner has relied upon a judgment of this Court in Chinnareddigari Sambasiva Reddy v. 6 VS, J W.P.No.11941 of 2025 The State of A.P.1 wherein under similar circumstances it is held at paragraph No.16 as under: “16. Ordinarily, no fair price shop dealer would like to quit his assignment. If such extra-ordinary desire is expressed by any dealer, it is incumbent upon the appointing authority to put the dealer on notice before accepting the resignation as, foul play by vested interests cannot be ruled out. Therefore, I cannot appreciate the action of respondent No. 3 in purporting to ratify the hasty and unauthorised action of respondent No. 4 without even trying to get the confirmation from the petitioner as to whether he has sent his resignation out of his free will or the same is secured by any vested interests by force. The failure of respondent No.3 to make an enquiry in this regard by issuing notice to the petitioner vitiates the entire action of respondent Nos.3 and 4 in easing out the petitioner from the fair price shop dealership. As respondent No.3 has not properly exercised his jurisdiction in acting on the purported resignation of the petitioner, his action culminating in acceptance/ratification of resignation of the petitioner is declared as illegal and the impugned order is, accordingly, set aside. As the petitioner is inclined to continue as the fair price shop dealer, he shall be permitted to continue as such under the authorization held by him.” 9. As the above referred procedure has not been followed by the 3rd respondent while passing the orders on 01.07.2024 1 W.P.No.36058 of 2014 reported in 2015 (1) ALD 645 7 VS, J W.P.No.11941 of 2025 accepting the resignation of the petitioner, the present Writ Petition is allowed under similar lines. 10. Accordingly, the Writ Petition is allowed by setting aside the impugned proceedings dated 01.07.2024 issued by the 3rd respondent. As the petitioner is inclined to continue as the fair price shop dealer, she shall be permitted to continue as such under the authorization held by her. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Date: 18.08.2025 Ivd 8 VS, J W.P.No.11941 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION No.11941 of 2025 Date: 18.08.2025 Ivd