APHC010851932017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 38316/2017 Between: 1. K. MAABUCHAND & 10 ORS., W/O. HUSSAIN PEERA(SHOP NO.1), AGED ABOUT 30 YEARS, DAMMARA NANDYALA VILLAGE, MYLAVARAM MANDAL, JAMMALAMADUGU TALUK, Y.S.R KADAPA DISTRICT. 2. OGGU ALIVELU,, D/O. VENKATA MOHAN(SHOP NO.2), AGED ABOUT 22 YEARS, DAMMARA NANDYALA VILLAGE, MYLAVARAM MANDAL, JAMMALAMADUGU TALUK, Y.S.R KADAPA DISTRICT. 3. DEVIREDDY SOWJANYA,, W/O. BHASKAR REDDY(SHOP NO.5), AGED 34 YEARS, KARMALAVARIPALLI VILLAGE, MYLAVARAM MANDAL, JAMMALAMADUGU TALUK, Y.S.R KADAPA DISTRICT. 4. K.PRASHANTHI,, W/O LAKSHMI NAIDU(SHOP NO.11), AGED ABOUT 26 YEARS, THALAMANCHI PATNAM, MYLAVARAM MANDAL, JAMMALAMADUGU TALUK, Y.S.R KADAPA DISTRICT. 5. I.SUBBALAKSLUNAMMA,, W/O. KRISHNA REDDY(SHOP NO.13), AGED ABOUT 31 YEARS, BESTHAVERNULA VILLAGE, MYLAVARAM MANDAL, JAMMALAMADUGU TALUK, Y.S.R KADAPA DISTRICT. 6. P.RAMESHWARI,, W/O. SIVA KRISHNA(SHOP NO.15), AGED 31 YEARS, ODDIRALA VILLAGE, MYLAVARAM MANDAL, JAMMALAMADUGU TALUK, Y.S.R KADAPA DISTRICT. 7. A.SIVA KUMARI,, W/O. MAHESHWAR REDDY(SHOP NO.17), AGED ABOUT 34 YEARS, BOOBUSANIPALLI VILLAGE, MYLAVARAM 2 VS,J W.P.No.38316 of 2017 MANDAL, JAMMALAMADUGU TALUK, Y.S.R KADAPA DISTRICT. 8. VENNAPUSA CHANDRAKALA,, W/O. PARAMESHWAR REDDY(SHOP NO.23), AGED 27 YEARS, NARJAMPALLI VILLAGE, MYLAVARAM MANDAL, JAMMALAMADUGU TALUK, Y.S.R KADAPA DISTRICT. 9. Y.PURUSHOTTAM REDDY,, S/O. NARAYAN REDDY(SHOP.NO.3), AGED 39 YEARS, DAMMARA NANDYALA VILLAGE, MYLAVARAM MANDAL, JAMMALAMADUGU TALUK, Y.S.R KADAPA DISTRICT. 10. K.RAMANJANEYULU,, S/O. CHINNA GURAPPA(SHOP NO.22), AGED 28 YEARS, THORRIVEMULA VILLAGE, MYLAVARAM MANDAL, JAMMALAMADUGU TALUK, Y.S.R KADAPA DISTRICT. 11. B.LAVANYA,, D/O. KRISHNAYYA(SHOP NO.28), AGED 22 YEARS, VEPARALA VILLAGE, MYLAVARAM MANDAL, JAMMALAMADUGU TALUK, Y.S.R KADAPA DISTRICT. ...PETITIONER(S) AND 1. PRL SECY C S DEPT 3 ORS, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR Y S R KADAPA KADAPA DISTRICT, - 3. THE REVENUE DIVISIONAL OFFICER, JAMMALAMADUGU, Y.S.R KADAPA DISTRICT. 4. THE TAHSILDAR CS, JAMMALAMADUGU DIVISION, Y.S.R KADAPA 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 a writ of mandamus or any other appropriate writ or writs, order or direction declaring the action of Respondent no.3 in issuing the impugned notification vide reference B/540/2017 dated 20-10-2017 to fill up the vacancies of fair price shop dealers on permanent basis in Mylavaram Mandal, Jammalamadugu Division, Y.S.R Kadapa District(S.No.19 to 29 of the notification), without following the guidelines and roaster system as per GOMs.no.4 dated 19-02-2011 is illegal and arbitrary and contrary to the said 3 VS,J W.P.No.38316 of 2017 GO Ms.no.4 and consequently set aside the notification vide reference B/540/2017 dated 20-10-2017 issued by the 3rd respondent herein to fill up the vacancies of fair price shop dealers on permanent basis in Jammalamadugu Division, Mylavaram Mandal, Y.S.R Kadapa District(S.No.19 to 29 of the notification), IA NO: 1 OF 2017(WPMP 47568 OF 2017 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 all further proceedings in pursuance of the notification vide reference B/540/2017 dated 20-10-2017 issued by the 3rd respondent herein to fill up the vacancies of fair price shop dealers on permanent basis in Jammalamadugu Division, Mylavaram Mandal, Y.S.R Kadapa District (S.No.19 to 29 of the notification) pending disposal of the above writ petition Counsel for the Petitioner(S): 1. PULIPATI RADHIKA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 4 VS,J W.P.No.38316 of 2017 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 38316/2017 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ of mandamus or any other appropriate writ or writs, order or direction declaring the action of Respondent no.3 in issuing the impugned notification vide reference B/540/2017 dated 20.10.2017 to fill up the vacancies of fair price shop dealers on permanent basis in Mylavaram Mandal, Jammalamadugu Division, Y.S.R Kadapa District, without following the guidelines and roaster system as per G.O.Ms.No.4 dated 19.02.2011 is illegal and arbitrary and contrary to the said G.O.Ms.No.4 and consequently set aside the notification vide reference B/540/2017 dated 20.10.2017 issued by the 3rd respondent herein to fill up the vacancies of fair price shop dealers on permanent basis in Mylavaram Mandal, Jammalamadugu Division, Y.S.R Kadapa District (S.No.19 to 29 of the notification), and pass such other order or orders…” 2. When the matter came up for admission on 14.11.2017, this Court passed the following interim order:- “Meanwhile, the process in pursuance to impugned notification may go on, but the results shall not be declared.” 3. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Civil Supplies representing the respondents. 4. It is brought to the notice of this Court an order dated 23.03.2023 passed by this Court in W.P.No.38304 of 2017, challenging the notification dated 20.10.2017. Wherein, there was also an interim order, as in the present case, that the process in pursuance to the impugned notification may go on, 5 VS,J W.P.No.38316 of 2017 but the results shall not be declared. Considering the same, when the writ petition came up for hearing, the Writ Petition was disposed of as under:- “In view of the interim direction, if the petitioners are continuing as Fair Price Shop Dealers, let the respondents may take appropriate action based on the results of the notification. If the results are not announced and no appointments were made, the respondents are directed to issue fresh notification by following the procedure contemplated under G.O.Ms.No.4 dated 19.02.2011.” 5. As the petitioners’ case falls under similar circumstances, the present writ petition is disposed of in similar lines of the aforesaid order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 01.09.2025 JLV 6 VS,J W.P.No.38316 of 2017 293 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 38316 of 2017 Date: 01.09.2025 JLV 7 VS,J W.P.No.38316 of 2017