APHC010018862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1068/2025 Between: Ganapatinidi Gowri ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: ORDER: This Writ Petition under Article 226 of Constitution of India is filed for the following relief: … to issue a Writ of Mandamus or any other appropriate Writ or Order or direction declaring the action of the respondents more particularly the 3rd respondent in issuing notification vide Ref D CS/Ravulapalem/60/2025 Dated: 03.01.2025 is illegal, arbitrary and violations of Article 14, 19 & 21 and consequently set aside the same in respect of petitioner fair price shop … 2 BSB, J W.P.No.1068 of 2025 2. It is mainly contended by the petitioner that though the subject fair price shop No.0444036, Pdagatlapalle Village, Ravulapalem Mandal, East Godavari District now Dr.B.R.Ambedkar District was notified in the year 2016 for general category, now it was notified for ST category and that the petitioner has been running the fair price shop since 2015 on temporary basis. 3. The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions and submitted that the petitioner has no locus standi as she is not qualified for the dealership as she crossed age of 40 years which is the maximum age prescribed for qualifying to be appointed as a dealer. He further submitted that since the petitioner was appointed only on temporary basis, she has no right to question the notification which was issued for filling up on permanent basis. 4. A perusal of the record discloses that in the year 2016, a notification was issued for appointment of dealers under general category and now notification was issued for appointment under ST category. As per clause VII(c) of G.O.Ms.No.32, Consumer Affairs, Food & Civil Supplies (CS.I) Department, dated 03.12.2018 the category of fair price shop shall not be altered when it is notified for fresh recruitment. Therefore, when the notification ex facie illegal, irrespective of the eligibility of the petitioner, the notification in respect of this fair price shop is illegal and liable to be set aside. 5. Accordingly, the writ petition is allowed setting aside the notification vide Ref.D.CS/Ravulapalem/60/2025 Dated: 03.01.2025 in so far as the fair price shop No.0444036 is concerned. There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Dated 10.01.2025 K M S 3 BSB, J W.P.No.1068 of 2025 177 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1068 of 2025 Date: 10.01.2025 KMS