APHC010422122025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21998/2025 Between: 1. LINGINENI MALLESWARI, W/O. LATE DURGA PRASAD, AGED ABOUT 45 YEARS, R/O. D. NO. 12 VATTICHERUKURU MANDAL, GUNTUR DISTRICT. 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, GUNTUR DIVISION, GUNTUR DISTRICT. 3. THE TAHSILDAR, VATTICHERUKURU MANDAL, GUNTUR DISTRICT. 4. SRI A DASARADHA RAMAIAH, S/O S UNKNOWN, R/O MUTIURU VILLAGE, VATTICHERUKURU MANDAL, GUNTUR DISTRICT. 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 topleased to issue a Writ, Order, or Direction, more particularly in the nature of a Writ of Mandamus, declaring the inaction of the 2nd respondent in issuing Show Cause Notice vide Rc. No. 1602/2025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21998/2025 LINGINENI MALLESWARI, W/O. LATE DURGA PRASAD, AGED ABOUT 45 YEARS, R/O. D. NO. 12-14, MUTIURU VILLAGE VATTICHERUKURU MANDAL, GUNTUR DISTRICT. ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR THE REVENUE DIVISIONAL OFFICER, GUNTUR DIVISION, GUNTUR THE TAHSILDAR, VATTICHERUKURU MANDAL, GUNTUR SRI A DASARADHA RAMAIAH, S/O SRINIVASA RAO, AGED UNKNOWN, R/O MUTIURU VILLAGE, VATTICHERUKURU MANDAL, GUNTUR 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 topleased to issue a Writ, Order, or Direction, more particularly in the andamus, declaring the inaction of the 2nd respondent in issuing Show Cause Notice vide Rc. No. 1602/2025-B dated. 05.08.2025, IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE TWENTY SECOND DAY OF AUGUST THE HONOURABLE SMT JUSTICE V.SUJATHA LINGINENI MALLESWARI, W/O. LATE DURGA PRASAD, AGED 14, MUTIURU VILLAGE ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR THE REVENUE DIVISIONAL OFFICER, GUNTUR DIVISION, GUNTUR THE TAHSILDAR, VATTICHERUKURU MANDAL, GUNTUR RINIVASA RAO, AGED UNKNOWN, R/O MUTIURU VILLAGE, VATTICHERUKURU MANDAL, ...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 topleased to issue a Writ, Order, or Direction, more particularly in the andamus, declaring the inaction of the 2nd respondent in B dated. 05.08.2025, 2 without having any jurisdiction, as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14,19, and 21 of the Constitution of India, and contrary to the express provisions of the Andhra Pradesh Control Order, 2018 and consequently, set aside the same and pass 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 pleased to stay all further proceedings in respect of the Show Cause Notice issued by the 2nd respondent vide Rc. No. 1602/2025- B dated: 05.08.2025, and grant such other relief as may be deemed fit and proper in the facts and circumstances of the case. Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2. SARANU PHANI TEJA The Court made the following: 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.21998 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- “…. to issue a Writ, Order or Direction more particularly in the nature of a Writ of Mandamus declaring the inaction of the 2nd respondent in issuing Show Cause Notice vide Rc.No.1602/2025-B dated 05.08.2025 without having any jurisdiction as illegal, arbitrary and violative of the fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India and contrary to the express provisions of the Andhra Pradesh Control Order 2018 and consequently set aside the same and to pass such other order or orders ….” 2. The petitioner’s father was initially appointed as a fair price shop dealer for shop No.0735023. After the demise of the petitioner’s father on 25.01.2016, the petitioner’s sister-in-law was appointed as the fair price shop dealer by the 2nd respondent on 24.10.2019 under the Self-Help Group category. As the petitioner was also holding the position of Secretary of Swaraj Self Help Group, Mutluru Village & Vatticherukuru Mandal, she submitted a representation to the respondent Nos.2 & 3, requesting to appoint her as a fair price shop dealer on compassionate grounds, as she is eligible for appointment on permanent basis, in terms of the provisions of G.O.Ms.No.4 dated 28.02.2014. As the said representation was not considered by the respondents herein, the petitioner was constrained to file writ petition No.6944 of 2016 before this Court and the same was disposed of 4 on 03.03.2016 by this Court, directing the respondents to consider the petitioner’s application dated 18.02.2016 for appointment of the petitioner as a fair price shop dealer in terms of G.O.Ms.No.4 dated 28.02.2014 within eight (8) weeks from the date of receipt of a copy of the said order. In pursuance of the orders of this Court, the petitioner once again submitted fresh representation on 28.11.2024 to the respondent Nos.2 & 3, requesting to appoint her as a fair price shop dealer on compassionate grounds. As the said representation made by the petitioner was kept pending, the petitioner was constrained to file writ petition No.30523 of 2024 before this Court. Pending the said writ petition, as the 2nd respondent has issued proceedings dated 16.01.2025, appointing the petitioner as a fair price dealer, the said writ petition was closed on 08.04.2025 by recording the submission made by the petitioner herein. 3. While the matter being so, the un-official respondent No.4 lodged a complaint on 02.06.2025 before the District Collector, Guntur, alleging that the petitioner has suppressed the fact that her sons are employess and earning more than one lakh rupees per month and obtained the appointment on compassionate grounds, though she is not eligible for the same. Basing on the said complaint a PGRS petition was registered by the 2nd respondent on 02.06.2025 and thereafter, the impugned show cause notice dated 05.08.2025 vide Rc.No.1602/2025-B was issued to the petitioner, calling for explanation within seven (7) days from the date of receipt of the said notice. 5 For which, the petitioner has already submitted her explanation on 14.08.2025. 4. The present writ petition is filed on the sole ground that the petitioner was appointed as a fair price shop dealer on compassionate grounds, after duly conducting an enquiry by the 3rd respondent herein. But, in spite of the same, basing upon a complaint given by one of the card holders of the same village, the present show cause notice has been issued to the petitioner. 5. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Civil Supplies for the respondent Nos.1 to 3 and as well as the learned counsel for the 4th respondent-Caveator. 6. Learned Assistant Government Pleader for Civil Supplies and as well as the learned counsel for the 4th respondent has vehemently argued that, one of the card holders has come forward with a complaint alleging that one of the sons of the petitioner is working as Officer in Endowment Department and the other son is employed abroad and as both of them are earning more one lakh rupees per month, the petitioner is not eligible for appointment on compassionate grounds and as such requested to dismiss the writ petition. 7. 7. In view of the fact that the above facts are a part of the enquiry pending before the respondents and as petitioner has already submitted an explanation on 14.08.2025 in pursuance of the impugned show cause notice dated 05.08.2025, in spite of going into the merits of the case, this Court deems it appropriate to dispose of the writ petition by directing the 6 respondents to conclude the enquiry, after duly considering the explanation submitted by the petitioner and also affording an opportunity of hearing to the petitioner, within a period of two (2) months from the date of receipt of a copy of the order. Till completion of the said enquiry, no coercive steps shall be taken as against the petitioner. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 22.08.2025 MDP