APHC010504162014 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29768 OF 9niA if ■b! 4: y O hm O Between; Smt. Isai Dasalu, W/o Late Adinarayana, Dealer, R/o Irapadu Village and Post, Kothuru , Aged 43 years, Fair Price Shop 'Mandal, Srikakulam District ...PETITIONER AND 1. The Government of Andhra Pradesh, Represented by the Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad. 2. The Joint Collector Civil Supplies Srikakulam, - 3. The Revenue Divisional Officer, Palakonda, Srikakulam District. 4. The Tahsildar, Kothuru Mandal, Srikakulam District ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the in the affidavit filed therewith, the High Court an appropriate Writ, order or direction mostly one which is i a Writ of mandamus, declaring 431/2014-CSDT, dated 17-8-2014 of Circumstances stated i pleased to issue the nature of may be IS in the Proceedings Rc. No. the 3^^ Respondent as illegal, irregular, unconstitutional and unsustainable and set unjustified, unreasonable, the same. aside — ■ lA NO: 1 OF 2014(WPMP 37189 OF 2014) 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 direct the respondents to continue the petitioner as Fair Price Shop Dealer of Irapau village, Kothuru Mandal, Srikakulam District by suspending the operation of proceedings Rc. No.431/2014-CSDT, dated 17-8-2014 of the Respondent. lA NO: 1 OF 2024 Between: 1. The Government of Andhra Pradesh, Represented by the Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad. 2. The Joint Collector Civil Supplies Srikakulam, - 3. The Revenue Divisional Officer, Palakonda, Srikakulam District. 4. The Tahsildar, Kothuru Mandal, Srikakulam District ...PETITIONERS/RESPONDENTS AND Smt. Isai Dasalu, W/o Late Adinarayana, Aged 43 years. Fair Price Shop Dealer, R/o Irapadu Village and Post, Kothuru Mandal, Srikakulam District ...RESPONDENT/PETITIONER 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 orders granted in WPMP No. 37189 of 2014 in W.P. No. 29768 dt. 07.10.2014 and dismiss the writ petition in the interest of justice. Counsel for the Petitioner: SRI KARRI MURALI KRISHNA Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010504162014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HfiiH MM [3333] ▼ MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29768/2014 Between: 1.SMT. ISAI DASALU,, W/0 LATE ADINARAYANA, AGED 43 YEARS. FAIR PRICE SHOP DEALER, R/0 IRAPADU VILLAGE AND POST, KOTHURU MANDAL, SRIKAKULAM DISTRICT ...PETITIONER AND 1.THE GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY THE PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, HYDERABAD. 2.THE JOINT COLLECTOR CIVIL SUPPLIES SRIKAKULAM, - 3.THE REVENUE DIVISIONAL OFFICER, PALAKONDA, SRIKAKULAM DISTRICT. 4.THE TAHSILDAR, KOTHURU MANDAL, SRIKAKULAM 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 toto issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of mandamus, declaring the Proceedings Rc. No. 431/2014-CSDT, dated 17-8-2014 of the 3rd Respondent as illegal, irregular, unjustified, unreasonable, unconstitutional and unsustainable and set aside the same lA NO: 1 OF 2014(WPMP 37189 OF 2014 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 direct the respondents to continue the petitioner as Fair Price Shop Dealer of Irapau village, Kothuru Mandal, Srikakulam District by suspending the X'- operation of proceedings Rc. No.431/2014-CSDT Respondent lA NO: 1 OF 9094 Pleased to vacate the orders No. 29768 dt. 07.10.2014 justice and to pass Counsel for the Petitioner: 1. KARRI MURALI KRISHNA Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES (AP) dated 17-8-2014 of the 3rd , , . be pleased granted in WPMP No. 37189 of 2014 in W P and dismiss the writ petition in the interest of 3 The Court made the following Order: The present Writ Petition was filed under Article 226 of the Constitution of India seeking the following relief;- “....to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of mandamus, declaring the Proceedings Rc.No.431/2014-CSDT, dated 17.8.2014 of the 3'^ Respondent as illegal, irregular, unjustified, unreasonable, unconstitutional and unsustainable and set aside the same and to pass such other order or orders ....” 2. The petitioner was appointed as a fair price shop dealer in the year 1987 for shop No.019 of Irapadu Village, Kothuru Mandal, Srikakulam District. Since the date of the said appointment, the petitioner has been distributing the essential commodities to the card holders without there being any complaint either from the card holders or from the concerned authorities. 3. While the matter being so, basing on the complaint given by the villagers of the said village, alleging that the petitioner is working as Mini Anganwadi Worker, the 2'^'^ respondent directed the 3^^ respondent to conduct an enquiry on the said aspect. As per the said instructions, the Assistant Supply Officer, Srikakulam, along with the Deputy Tahsildar (CS) submitted a mediator’s report dated 25.07.2014 to the Joint Collector stating that the petitioner is running the fair price shop for the last 20 years. But, however has alleged that the commodities meant for the card holders, who are migrated to other places, are being misused by the petitioner by delivering the same to their relatives. In spite of the same, the 3'’'^ respondent issued proceedings dated 17.08.2014, suspending the petitioner’s authorization on the sole ground that, the petitioner is working as Mini Anganwadi Worker, and ■-."TPI 4 as such she is not eligible to function as a fair price shop dealer, Clause 12 (iii) of G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies, (CS.I), department dated 19.02.2011. Challenging which, the present writ petition was filed. as per 4. When the writ petition came up for admission on 07.10.2014, this Court was pleased to pass the following interim order: This application is filed for suspension of proceedings in Rc.No.431/2014-CSDT, dated 17.08.2014, of respondent No.3, whereby he has suspended the petitioner's fair price shop authorization of Irapadu Village, Kothuru Mandal, Srikakulam District. A perusal of the impugned order shows that the petitioner's authorization was suspended on the ground that she is working as Mini Anganwadi worker. Respondent No.3 has based his order Clause-12(iii) of G.O.Ms.No.4. CA F & CS (CS-I), dated 19.02.2011. A prime facie reading of this clause would show that close relatives of Government employees, especially those working in Civil Supplies Department or Revenue Department or Civil Supplies Corporation or Village Administrative Officer of the Village shall not be appointed as Fair Price Shop dealers. The petitioner pleaded that she was appointed as Mini Anganwadi worker nearly 20 years back and that the said G. O. does not bar Anganwadi worker for being appointed or continued as Fair Price Shop dealer and it has no retrospective operation. Prima facie, I am of the opinion that clause-12(iii) of the above- mentioned G.O. does not render an Anganwadi worker ineligible for appointment or continuance as Fair Price shop dealer. Therefore, the impugned order is suspended pending further orders. on an 5. The case of the petitioner is that, in pursuance of the interim orders of this Court, the petitioner has also given an undertaking to the respondent authorities that she would not continue as Mini Anganwadi Worker and thereafter, the petitioner has been continued as a fair price sjiop dealer for the said shop. 5 6. Heard the learned counsel for the petitioner and as well as the learned Assistant Government Pleader for Civil Supplies representing the respondents. 7. Learned Assistant Government Pleader for Civil Supplies has furnished a copy of the instructions of the Tahsildar i.e., the 4^'^ respondent herein, admitting the fact that the petitioner is being continued as a fair price shop dealer. But, further in support of the impugned order it is stated that as the petitioner was working as Mini Anganwadi Worker, she is considered to be a Government employee as she is receiving monthly honorarium from the Government. As such, she cannot be continued as a fair price shop dealer in terms of the above said G.O. and as such, the petitioner’s authorization was suspended according to the above said G.O. 8. Though, initially the petitioner has admitted that she was working as Mini Anganwadi Worker, in pursuance of the interim orders she gave an undertaking and thereafter she was continued as a fair price shop dealer. Under these circumstances, it is relevant to refer to Clause 12 (iii) of G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies, (CS.I), department dated 19.02.2011, which reads as under: Close relatives of Government employees specially those working in Civil Supplies Department of Revenue Department or the Civil Supplies Corporation or Village Administrative Officer of the village shall not be appointed as a fair price shop dealers. 6 9. As per the said Clause, the petitioner cannot be treated Government employee, as the petitioner or the petitioner’s close relatives were not working in the Civil Supplies Department of Revenue the Civil Supplies Corporation the said village. However, the said G.O. working as Mini Anganwadi Worker as the Department or one of the Village Administrative Officer of does not ban the petitioner from and even otherwise as of now the petitioner has given an undertaking that she would not continue Anganwadi worker and basing on the same, the petitioner was continued fair price shop dealer. or as Mini as 10. In view of the same, as the petitioner’s case does not fall under Clause 12 (iii) of G.O.Ms.No.4, Consumer Affairs, department dated 19.02.2011, respondent dated 17.08.2014 are liable to be set-aside. Food and Civil Supplies, (CS.I), the impugned proceedings of the 3 rd 11. Accordingly, the Writ Petition is allowed by setting aside the impugned proceedings of the 3'^"' respondent dated 17.08.2014. directed to continue the petitioner The respondents are as a fair price shop dealer until and unless any disciplinary proceedings have been initiated as against the petitioner in future. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. That Rule Nisi has been made absolute as above. Witness the Hon’ble the Chief Justice Sri Dhiraj Singh Thaku September, Two Thousand r on this Monday, Eighth day of and Twenty Five. Sd/- B PRASADA RAO ASSISTANy^R^JSTRAR section OFFfCER //TRUE COPY// To, 1. The Principal Secretary, Civil Supplies Department, Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur. 2. The Joint Collector, Civil Supplies, Srikakulam. 3. The Revenue Divisional Officer, Palakonda, Srikakulam District. 4. The Tahsildar, Kothuru Mandal, Srikakulam District 5. One CC to Sri Karri Murali Krishna, Advocate [OPUC] 6. Two CCs to [OUT] 7. Two CD Copies, ssb GP for Civil Supplies, High Court of Andhra Pradesh '1l3\ HIGH COURT DATED:08/09/2025 ORDER WP No. 29768 OF 2014 ALLOWING THE W.P. WITHOUT COSTS