APHC010008632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION Nos: 677 AND 16237 OF 2025 WRIT PETITION NO: 677 OF 2025 Between: Palisetti Vsantha, W/o. Palisetti Sreenivasa Rao, Aged 27 years, Occ: Fair Price Shop D.No.44-7-47/1, Reddy Tadichetlapalem, GVMC Water Tank Opp; Road Akkayyapalem Post Visakhapatnam (Urban)-530016- Aadhar No.2617 0769 8478. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary (Civil Supplies Dept.,) Secretariat, Velagapudi, Amaravathi. The District Collector, Visakhapatnam. The Collector (Civil Supplies), Visakhapatnam. The District Civil Supply Officer (City), Collectorate Office, Visakhapatnam. The Revenue Divisional Officer, Visakhapatnam. Molleti Siva, S/o. (late) B. Balram Swamy, Aged 60 years, D.No.31-16- 32, Venkateswara Metta, Allipuram, Visakhapatnam City Aadhar No.2214 3643 3754. 2. 3. 4. 5. 6. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents 2 to 5 not allotting the Food grains (Essential Commodities) to the petitioners Fair price shop for distribution to the Card Holders during existence of the Authorization pertaining to Fair Price Shop No. 0387040 Circle-ll- Sri Veeranjaneya Mahila Podupu Sangham group, without issuance of any Show Cause or Suspension or Cancellation Notice there by Supplying the Essential Commodities to the 6*'^ Un-Official Respondent though the Petitioner's Authorization to the Fair Price Shop No.0587040 is continuing all are Unlawful, Illegal, Violation of Principles of Natural Justice, Violation of A.P., State Public Distribution System Control Order, Violation of Article 14,19,21 of the Constitution of India Consequently direct the Respondents to Supply the Food grains (Essential Commodities) to the Petitioners Fair Price Shop No.0387040 as long as her Authorization is existence. lA NO: 1 OF 2025 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 2 to 5 to Supply the Food Grains (Essential Shop No.0387040 pending Commodites) to the Petitioner's Fair Price disposal of the above writ petition. lA NO: 2 OF 2025 Between: Molleti Siva, S/o. (late) B. Balram Swamy, Aged 60 years, D.No.31-16-32, Venkateswara Metta, Allipuram, Visakhapatnam City Aadhar No.2214 3643 3754. ...Vacate Petitioner/6^^ Respondent AND / 1. Palisetti Vsantha, W/o. Paiisetti Sreenivasa Rao, Aged 27 years, Occ: Fair Price Shop D.No.44-7-47/1, Reddy Tadichetlapalem, GVMC Water Tank Opp: Road Akkayyapalem Post Visakhapatnam (Urban)-530016- Aadhar No.2617 0769 8478. V' ...1®* RespondentA/Vrit Petitioner 2. The State of Andhra Pradesh, Represented by its Principal Secretary (Civil Supplies Dept.,) Secretariat, Velagapudi, Amaravathi. 3. The District Collector, Visakhapatnam. 4. The Collector (Civil Supplies), Visakhapatnam. 5. The District Civil Supply Officer (City), Collectorate Office, Visakhapatnam. 6. The Revenue Divisional Officer, Visakhapatnam. ...Respondents/Respondents 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 to vacate the interim direction passed in W.P.No.677/2025 dt;6-3-2025, subsequently extended on 27-3-2025 by dismissing the WP, in the interest of justice. lA NO: 3 OF 2025 Between: The District Civil Supply Officer City, Collectorate Office, Visakhapatnam. ...Petitioner/Respondent AND Palisetti Vsantha, W/o. Palisetti Sreenivasa Rao, Aged 27 years, Occ; Fair Price Shop D.No.44-7-47/1, Reddy Tadichetlapalem, GVMC Water Tank Opp; Road Akkayyapalem Post Visakhapatnam (Urban)-530016- Aadhar No.2617 0769 8478. 1. ...Respondent/Writ Petitioner 2. The State of Andhra Pradesh, Represented by its Principal Secretary (Civil Supplies Dept.,) Secretariat, Velagapudi, Amaravathi. The District Collector, Visakhapatnam. The Collector Civil Supplies, Visakhapatnam. The Revenue Divisional Officer, Visakhapatnam. Molleti Siva, S/o. (late) B. Balram Swamy, Aged 60 years, D.No.31-16- 32, Venkateswara Metta, No.2214 3643 3754. / 3. 4. 5. 6. Allipuram, Visakhapatnam City Aadhar ...Respondents/Respondents 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 to vacate the interim orders dated 06.03.2025 passed in I.A.No.1 of 2025 in W.P.No.677 of 2025 and dismiss the writ petitio- as it is devoid of merits. Counsel for the Petitioner: SRI RAVURI LEELA SAI SAMPATH Counsel for the Respondent Nos.1 to 5 : GP FOR CIVIL SUPPLIES Counsel for the Respondent No.6 : SRI M. M. M. SRINIVASA RAO APHC010320022025 WRIT PETITION NO: 16237 OF 2025 Between: Palisetti Vasantha, W/o. Palisetti Sreenivasa Rao, Aged 27 years, Occ: Fair Price Shop, D.No.44-7-47/1. Reddy Tadichetlapalem , GVMC Water Tank Opp Road Akkayyapalem Post, Visakhapatnam (Urban) 530016. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, (Civil Supplies Dept. Secretariat, Velagapudi, Amaravathi. / 2. The District Collector, Visakhapatnam. 3. The Collector Civil Supplies, Visakhapatnam. 4. The District Civil Supply Officer City, Collectorate Office, Visakhapatnam. 5. The Revenue Divisional Officer, Visakhapatnam. 6. Molleti Siva, S/o(late) B.Balram Swamy, Aged 60 yrs, D.No.31-16-32 Venkateswara Metta , Allipuram , Visakhapatnam City. / / / ...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 or Order or Direction more particularly one in the nature of a Writ of Ceritorarito Call for the records pertaining to the impugned Form of Authorisation issued to Un-Official Respondent No.6 dt.26-11-2024 for the Fair Price Shop No.0387040 under Compassionate Ground through a Will dt.25-04-2013 executed by Boddeti Pyditallamma withoutconductingany enquiry about the adoption and without following the procedure of law. Violation of Principles of Natural Justice, Violation of the A.P. State Public 14,19,21 of the Distribution System Control Order, Violation of Article Constitution of India, Consequently Quash the Impugned Form of Authorisation in the name of Respondent No. 6 dt.26-11-2024 for the Fair Price Shop No.0387040 by Allowing the Writ Petition in the interest of the justice. lA 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 to stay of the Operation of Fair Price Shop Authorization No.0387040 in the of Un-Official Respondent No.6 dt.26-11-2024 pending disposal of the main Writ Petition. Counsel for the Petitioner : SRI R. SIVA SAI SWARUP name Counsel for the Respondent Nos.1 to 5 ; GP FOR CIVIL SUPPLIES Counsel for the Respondent No.6 : SRI M. M. M. SRINIVASA RAO The Court made the following Common order: / / f ¥ HON’BLE SRI JUSTICE T.C.D. SEKHAR WP No.677 OF 2025 AND WP No.16237 OF 2025 COMMON ORDER:- 1. The subject matter in both the writ petitions is one and same, they are being disposed of by this common order. 2. The petitioner was appointed as Temporary Dealer of Fair Price Shop No.0387040, Railway New Colony, Circle-ll Visakhapatnam. It is her further case that since the date of appointment she has been distributed the essential commodities to the card holders without any complaint. It is further stated that till December, 2024 she was supplied essential commodities and thereafter without issuing any notice and without passing any order of suspension or cancellation against her, the respondent stopped supplying essential commodities. It is further case of the petitioner that since January, 2025 the commodities supplied to the 6"^ respondent herein, 3. when the same was questioned the respondents have informed that by virtue of order dated 11.05.2023 passed in W.P.No.26681 2 of 2017, the 6 respondent was appointed as permanent dealer th of the Fair Price Shop in dispute. It is further stated that the 6 respondent without arraying the petitioner as party respondent in the said writ petition, behind his back filed the said writ petition. It is further stated that the respondent is not eligible for appointment as a dealer of fair price shop in view of the fact that he has crossed the age limit as per relevant governmental orders issued in that regard. It is further stated that without issuing any notice and without passing order of suspension or cancellation order, the respondents cannot stop supplying the essential commodities to her. Questioning the same the present writ petition is filed. 4. After counter affidavit filed by the respondent No.4, the petitioner filed writ petition vide W.P.No. 16237 of 2025 th questioning the order dated 26.11.2024 passed by the 4 respondent through which the 6 respondent is appointed as fair price shop dealer in dispute. The 4*'^ respondent filed counter affidavit inter alia 5. stating that the petitioner has got no locus standi to file the writ petition inasmuch as she was appointed as temporary dealer. It is further stated that an inspection was conducted in the fair price shop of the petitioner on 08.12.2022 and found certain variation in respect of the stock maintained by her. Based on the same, the Senior Checking Inspector, Office of Assistant Supply Officer, Visakhapatnam sent report dated 10.12.2022 for initiation of action against the petitioner. Pursuant thereto, the 4^^ respondent terminated the temporary dealer ship of the petitioner with immediate effect by order dated 17.12.2022 and in order to Circle-ll, avoid inconvenience to the card holders, the stocks were handed to the dealer of FP Shop No.0387019 by placing him as Dealer of the fair price shop in dispute. It is further over Incharge stated that the 6*'' respondent is the adopted son of Smt.Boddeti Pydithallamma, who was the permanent dealer of the subject fair price shop. The said Smt.Boddeti Pydithallamma died 27.11.2023 and thereafter the 6^^ respondent made an application on Fair Price Shop Dealer on seeking to appoint him as compassionate grounds. By endorsement dated 19.11.2014, the 4‘^ respondent informed the petitioner that for the present no action can be initiated in the matter and his application will be the further instructions received from the examined as per Government, in view of the instructions dated 18.07.2014 & issued by the Commissioner of Civil Supplies, 09.09.2014 4 whereunder directed not to take any step to select and appointment of fair price shop dealers including legal heirs until further instructions. 6. It is further stated in the counter affidavit that in view of termination order dated 17.12.2022 passed against the petitioner, she has no locus standi to file the present writ petition more particularly when the said order is not challenged till date by her. th 7. A separate counter affidavit is filed by the 6 respondent stating that he was adopted by the original dealer Smt.Boddeti Pydithallamma on 10.09.1979 and after the demise of his adopted mother he filed an application seeking to appoint him as fair price shop dealer and the same is could not be considered in view of the instructions issued by the Commissioner of Civil Supplies, which was informed to him by endorsement dated 19.11.2014 stating that his case will be considered after receiving further information from the Government. It is further stated that thereafter in view of change in policy and by virtue of G.O.Ms.No.33, dated 19.12.2018, the petitioner is entitled to be appointed as Fair Price Shop Dealer on compassionate grounds. as the government relaxed the upper age limit from 40 years to 5 i 50 years as on the date of death of Fair Price Shop Dealer. In view thereof, since his application is pending consideration before the 4**^ respondent, he filed writ petition vide W.P.No.26681 of 2017 and the said writ petition was disposed of by order dated 11.05.2023 directing the respondents therein to consider the case of the petitioner for appointment as fair price shop dealer as per the revised guidelines and pass appropriate orders within one (01) month from the date of receipt of the said order. In pursuant of the said order, the 6'*^ respondent was appointed as fair price shop dealer on 12.09.2024. It is further stated that the petitioner has no locus 8. standi to file present writ petition as her authorization was terminated by order dated 17.12.2022, more particularly when the said order is not questioned by her till date. Heard counsel for the petitioner, learned Assistant 9. Government Pleader for Civil Supplies and counsel for the respondent No.6. Perused material available on record. 10. The petitioner is a temporary fair price shop dealer. Admittedly her authorization was terminated by proceedings 11. dated 17.12.2022, based on irregularities alleged to have been ’t.J' ■ 6 committed by her. Further the respondents have also initiated action under Section 6(A) of Essential Commodities Act, 1955 while seizing the stock. Further the petitioner without challenging the termination order passed against her cannot maintain the present writ petition more particularly the petitioner was appointed as temporary fair price shop dealer. The 6'*^ respondent was appointed as Fair Price Shop 12. Dealer on compassionate grounds by proceedings dated th respondent. On perusal of 26.11.2024 issued by the 4 G.O.Ms.No.33, dated 19.12.2018, the Government relaxed the upper limit of the age from 40 years to 50 years and thereby permitted the legal heirs of the deceased fair price shop dealers to be appointed as such, if they are within the age limit as on the date of death of the original fair price shop dealer. Admittedly, the petitioner is within the permissible age limit as per G.O.Ms.No.33 dated 19.12.2018 and having examined the case, the 4 respondent by proceedings dated 26.11.2024 the 6**^ respondent th as dealer. On perusal of the record, it is clear that though initially the 6*'" respondent filed application in the year 2014, his case could not be considered in view of instructions dated 13. 7 18.07.2014 and 09.07.2014 issued by the Commissioner, Civil Supplies Department. The same was informed to the petitioner by endorsement dated 19.11.2014, wherein it is categorically stated that his application will be examined as per the further instructions received from the Government. Thereafter, the respondent filed writ petition vide W.P.No.26681 of 2017, which was disposed of directing the respondents to consider his case as per revised guidelines issued under G.O.Ms.No.33, dated 19.12.2018. In view of the directions given by the Court, the 6'*^ is appointed as Fair Price Shop Dealer. As already stated supra, the authorization of the petitioner was terminated by proceedings dated 17.12.2022 and without questioning the said termination order, the petitioner has right to maintain the present writ petitions. Further, the petitioner was appointed as Temporary Fair Price Shop Dealer, therefore she has no vested right over the fair price shop in 14. no dispute. For the foregoing reasons, they are no merits in the writ petitions and accordingly they are dismissed. The 4‘^ respondent is further directed to supply essential commodities to the 6‘^ respondent forthwith. No order as to costs. 15. 8 As a sequel, pending applications, if any, shall stand closed. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. One CC to Sri Ravuri Leela Sai Sampath, Advocate [OPUC] 2. One CC to Sri R. Siva Sai Swarup, Advocate [OPUC] 3. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 4. One CC to Sri M. M. M. Srinivasa Rao, Advocate [OPUC] 5. Two CD Copies Cnr (gsg) S''** ..•u: HIGH COURT DATED:31/07/2025 5 I T SEP 2025 B Current beciion . COMMON ORDER WP Nos. 677 and 16237 OF 2025 DISMISSING THE W.Ps WITHOUT COSTS