APHC010025992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1406/2025 BETWEEN: RENUKA YELLAMMA MAHILA SELF HELP GROUP ...PETITIONER AND THE STATE OF ANDHRA PRADESH AND OTHERS ...RESPONDENT(S) COUNSEL FOR THE PETITIONER: 1. M.M.M SRINIVASA RAO COUNSEL FOR THE RESPONDENT(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue a writ or direction preferably writ of mandamus declaring the order issued by the 4th respondent vide Rc. E/641/2024 dt:10-12-2024 accepting the petitioner’s resignation dt:8-12-2024 and entrusting the distribution work to the VRA in respect of fair price shop No.0805005, Narasimhanayunipalem Village, Donakonda Mandal, Prakasam District, without issuing any 2 W.P.No.1406 of 2025 Dt: 20.01.2025 notice to the petitioner before accepting the resignation and without following due procedure under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary and violative of principles of natural justice and consequently set aside the order dt:10-12-2024 by allowing the petitioner to run the shop as usual till his appointment is valid, and pass…” 2. The case of the petitioner is briefly as follows: The petitioner was appointed as temporary dealer of fair price shop No.0805005, Narasimhanayunipalem Village, Donakonda Mandal, Prakasam District by the Sub Collector, Kandukur vide L.Dis.F/567/2021. The authorization of the petitioner is valid up to 31.03.2025. While the matter stood thus, the Village Revenue Assistant, the Village Revenue Officer, along with the 6th respondent, came to the fair price shop of the petitioner and pressurized her to submit resignation. As such, the petitioner forcefully submitted resignation on 08.12.2024. Basing on the report of 5th respondent dated 09.12.2024, acceptance of the alleged resignation of the petitioner on 10.12.2024 by the 4th respondent without issuing any prior notice is illegal and arbitrary. Having no other alternative remedy, the petitioner approached this Court by filing this writ petition. 3. The learned counsel for the petitioner submitted that the petitioner had given letter of resignation due to pressure on 08.12.2024, but without conducting due enquiry, based merely on the report on 09.12.2024, the resignation was accepted on 10.12.2024 and therefore the impugned proceedings vide Rc.E/641/2024, dated 10.12.2024 is illegal in view of the decision of the high court in Chinnareddigari Sambasiva Reddy vs. Government of Andhra Pradesh1, wherein, at para 16, it is held as follows: 1 2015 (1) ALD 645 3 W.P.No.1406 of 2025 Dt: 20.01.2025 “Ordinarily, no fair price shop dealer would like to quit his assignment. If such extra-ordinary desire is expressed by any dealer, it is incumbent upon the appointing authority to put the dealer on notice before accepting the resignation as, foul play by vested interests cannot be ruled out. Therefore, I cannot appreciate the action of respondent No.3 in purporting to ratify the hasty and unauthorised action of respondent No.4 without even trying to get the confirmation from the petitioner as to whether he has sent his resignation out of his free will or the same is secured by any vested interests by force. The failure of respondent No.3 to make an enquiry in this regard by issuing notice to the petitioner vitiates the entire action of respondent Nos.3 and 4 in easing out the petitioner from the fair price shop dealership. As respondent No.3 has not properly exercised his jurisdiction in acting on the purported resignation of the petitioner, his action culminating in acceptance/ratification of resignation of the petitioner is declared as illegal and the impugned order is, accordingly, set aside. As the petitioner is inclined to continue as the fair price shop dealer, he shall be permitted to continue as such under the authorization held by him.” 4. The learned Assistant Government Pleader for Civil Supplies represented that he has no written instructions, however, submitted to dispose of the petition as per law. 5. In view of the above decision, the impugned proceedings vide Rc.E/641/2024, dated 10.12.2024 is illegal and therefore it is liable to be set aside. 6. Accordingly, the writ petition is disposed of and the impugned order vide Rc.E/641/2024, dated 10.12.2024 is set aside. The petitioner shall be continued as the dealer as usual. 4 W.P.No.1406 of 2025 Dt: 20.01.2025 There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 20.01.2025 DSV 5 W.P.No.1406 of 2025 Dt: 20.01.2025 187 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO:1406 of 2025 Date: 20.01.2025 DSV 6 W.P.No.1406 of 2025 Dt: 20.01.2025 HIGH COURT OF ANDHRA PRADESH MAIN CASE NO : W.P.No.1406 of 2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1. 20.01.2025 BSB, J The Writ Petition is disposed of. (vide separate order) _________________ B.S.BHANUMATHI,J DSV