VS, J W.P.No.26375 of 2018 APHC010557552018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V. SUJATHA WRIT PETITION NO: 26375/2018 Between: 1. Y.RAMANA REDDY, ANANTHAPURAMS/O. Y.CHENNA VENKATA REDDY. AGED ABOUT 45 YEARS, OCC. FP SHOP DEALER OF SHOP NO.14 OF DAMAVANDLAPALLI VILLAGE, NALLACHERUVU MANDAL, ANANTHAPURAMU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES (CS.I) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, KADIRI, ANANTHAPURAMU DISTRICT. 3. THE TAHSILDAR, NALLACHERURU MANDAL, ANANTHAPURAMU DISTRICT. ...RESPONDENT(S): VS, J W.P.No.26375 of 2018 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 a writ order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the 2nd respondent without cancelling the earlier Notification Dt. 31.01.2018 issued fresh Notification Dt. 17.07.2018 allotting the petitioners Fair Price Shop No.14 to the Physically Handicapped (blind) category, which is illegal, arbitrary and violation of principles of natural Justice and consequently set aside the same to the Notification issued by the 2nd respondent Dt 17.07.2017 in respect of Shop No.14 of Damavandlapalli Village, Nallacheruvu Mandal, Ananthapuramu District, and pass IA NO: 1 OF 2018 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 suspend the Notification Dt.17.07.2018 issued by the 2nd respondent in respect of shop No.14 of Damavandlapalli Village, Nallacheruvu Mandal, Ananthapuramu District by permitting the petitioner to distribute the Essential Commodities to the Petitioners Fair price Shop, pending disposal of the Writ Petition, and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: VS, J W.P.No.26375 of 2018 ORDER: Challenging the action of the 2nd respondent in issuing fresh notification dated 17.07.2018 for allotment of petitioner’s Fair Price Shop vide Shop No.14, Damavandlapalli village, Nallacheruvu Mandal, Ananthapuramu District, without cancelling earlier notification dated 31.01.2018, the present writ petition is filed. 2. The case of the petitioner is that he was appointed as Fair Price Shop dealer of Shop No.14 of Damavandlapalli village, Nallacheruvu Mandal, Ananthapuramu District, in the year 2001 and since then he has been distributing essential commodities to the cardholders. While so, on 16.04.2006, an enquiry was conducted by the 3rd respondent-Tahsildar, Nallacheruvu. Basing on the enquiry report, dated 16.04.2006, the 3rd respondent- Revenue Divisional Officer, Penukonda, suspended the petitioner’s dealership on 08.05.2006. Challenging the said suspension, the petitioner preferred an appeal before the Joint Collector, Ananthapuramu, who remanded the matter to the 2nd respondent-Revenue Divisional Officer, Penukonda, on 26.05.2007. Pursuant to the same, the 2nd respondent, after conducting due enquiry, vide his orders in D.Dis.No.636/2006/B, VS, J W.P.No.26375 of 2018 dated 18.11.2015, imposed a fine of Rs.25,000/- for recovery of cost 17.50 quintals of food for work rice, while restoring the dealership of the petitioner by directing him to pay fine amount for allotment of essential commodities and the petitioner was continued as Fair Price Shop dealer. 3. While the matter stood thus, the 2nd respondent issued a notification vide Rc.No.150/2018, dated 31.01.2018, for allotment of Fair Price Shop dealership of Shop No.14 on permanent basis to the Physically Handicapped persons (blind category) as per 100 points roster. Challenging the said notification, the petitioner filed W.P.No.4936 of 2018, wherein this Court, by order dated 16.02.2018, dismissed the writ petition, holding that till permanent dealer is appointed pursuant to the impugned notification, the petitioner was directed to be continued to discharge the functions as a dealer of fair price shop in question. However, the 2nd respondent, without cancelling the earlier notification dated 31.01.2018, again issued a fresh notification on 17.07.2018 for allotment of Fair Price Shop No.14 to the physically handicapped persons (blind category). Challenging the said notification, the present writ petition came to be filed. VS, J W.P.No.26375 of 2018 3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. When the matter came up for admission, this court, on 27.07.2018 passed the following order: “Any appointment made pursuant to the impugned notification will be subject to further orders in the writ petition.” 5. Today, when the matter came up for hearing, learned Assistant Government Pleader for Civil Supplies, placed on record a copy of the instructions issued by the 2nd respondent- Revenue Divisional Officer, Kadiri, wherein it is stated that as per the notification regarding filling up Fair Price Shops, the present Fair Price Shop was allotted to physically handicapped persons (blind category) as per the roaster, but, since no application was received from such category, the said shop was not allotted as per the notification dated 17.07.2018, and that the petitioner has been continuing as Fair Price Shop Dealer of Shop No.14 to till date. 6. Having regard to the instructions of the 2nd respondent and in view of the facts and circumstances of the case, it appears that since no application was received from the category of Physically VS, J W.P.No.26375 of 2018 Handicapped persons (blind category) pursuant to the notification dated 17.07.2018, the petitioner has been continuing in the said Shop No.14 to till date. 7. In the circumstances, recording the instructions of the 2nd respondent, the respondent authorities are directed to continue the petitioner in the fair price shop dealer of Shop No.14, Damavandlapalli village, Nallacheruvu Mandal, Ananthapuramu District, till the next notification is issued. 8. Accordingly, the writ petition is closed, while giving liberty to the petitioner to challenge the notification, if any, issued by the respondents in respect of Shop No.14. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________ V.SUJATHA, J Date: 19.08.2025 Ksn