Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 40852 (AP)

DEVI SELF HELP GROUP v. THE STATE OF ANDHRA PRADESH

WP/7737/2025 · 2025-11-18

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010291122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14461/2025 Between: 1. KARUNAMAI SELF HELP GROUP, REP.BY ITS PRESIDENT SMT.DHAMASULA LAKSHMI W/O RAJU, AGE 51 YEARS, OCC FP SHOP DEALER FOR SHOP NO.0433003 MARKANDEYAPURAM VILLAGE, ANAPARTHI MANDAL EAST GODAVARI DIST. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DIST., AT RAJAMAHENDRAVARAM. 3. THE REVENUE DIVISIONAL OFFICER, RAJAMAHENDRAVARAM DIVISION, EAST GODAVARI DIST. 4. THE TAHSILDAR, ANAPARTHI MANDAL, EAST GODAVARI DIST. ...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 to issue Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in trying to issue notification for appointment of permanent dealer in respect of FP Shop Nos.0433003 of Anaparthi Mandal of East Godavari Dist., without 2 considering the representation dt 23-7-2024 for issuance of Authorization on the petitioners name under AP State Targeted Public Distribution System (Control) Order, 2018 is illegal arbitrary and violation of the principles of natural justice and consequentially direct the 3rd respondent to issue authorization on permanent basis in favor of the petitioner for her respective shop situated at Anaparthi of East Godavari Dist., and pass IA NO: 1 OF 2025 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 pleased to Direct the respondents not to appoint temporary/permanent dealer in respect of FP shops i.e.. Shop Nos.0433003 of Anaparthi Mandal of East Godavari Dist., without giving due opportunity of being heard to the petitioner herein, pending disposal of the writ petition. Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES WRIT PETITION.NO.7737/2025 Between: 1. DEVI SELF HELP GROUP, REP.BY ITS PRESIDENT SMT.KARRI VENKAYAMMA W/O VENKATA REDDY LATE, AGE 62 YEARS, OCC FP SHOP DEALER FOR SHOP NO.0433024 RAMAVARAM VILLAGE, ANAPARTHI MANDAL EAST GODAVARI DIST. 2. SRI LALITHA SELF HELP GROUP, REP.BY ITS SECRETARY, SMT.P.RAJESWARI W/O RAVI KUMAR, AGE 44 YEARS, OCC FP SHOP DEALER FOR SHOP NO.0433007 ANAPARTHI VILLAGE, ANAPARTHI MANDAL EAST GODAVARI DIST. 3. RAJESWARI SELF HELP GROUP, REP.BY ITS SECRETARY, SMT.MARELLA INDIRA W/O NAGESWARA RAO AGE 48 YEARS OCC FP SHOP DEALER FOR SHOP NO.0433004 ANAPARTHI VILLAGE, ANAPARTHI MANDAL EAST GODAVARI DIST. 3 4. JHANSI RANI SELF HELP GROUP, REP.BY ITS SECRETARY, SMT.D.BABYLATHA W/O NAGESWARA RAO, AGE 54 YEARS, OCC FP SHOP DEALER FOR SHOP NO.0433032 PULAGURTHA VILLAGE, ANAPARTHI MANDAL EAST GODAVARI DIST. 5. VIMALA SELF HELP GROUP, REP.BY ITS GROUP LEADER SMT.M.VIMALA W/O RAMA REDDY, AGE 64 YEARS, OCC FP SHOP DEALER FOR SHOP NO.0433006 ANAPARTHI VILLAGE, ANAPARTHI MANDAL EAST GODAVARI DIST. 6. ABHYUDAYA SELF HELP GROUP, REP.BY ITS SECRETARY, SMT.B.DEVAKANYA W/O JEEVA RATNAM, AGE 64 YEARS, OCC FP SHOP DEALER FOR SHOP NO.0433031 PULAGURTHA VILLAGE, ANAPARTHI MANDAL EAST GODAVARI DIST. 7. VIJAYA LAKSHMI SELF HELP GROUP, REP.BY ITS LEADER, SMT.N.SURYA KUMARI W/O ANJANEYA REDDY, AGE 48 YEARS, OCC FP SHOP DEALER FOR SHOP NO.0433030 PEDAPARTHI VILLAGE, ANAPARTHI MANDAL EAST GODAVARI DIST. 8. MATHER THERISSA SELF HELP GROUP, REP.BY ITS SECRETARY, SMT.INDUGUMALLA AMMULU W/O KRISHNA, AGE 45 YEARS, OCC FP SHOP DEALER FOR SHOP NO.0433019 MAHENDRAWADA VILLAGE, ANAPARTHI MANDAL EAST GODAVARI DIST. 9. RAMA BHAKTHA HANUMAN MAHALI SAKTHI SANGAM, REP.BY ITS LEADER SMT.S.VARALAKSHMI W/O SRINIVASA REDDY AGE 53 YEARS, OCC FP SHOP DEALER FOR SHOP NO.0433023 RAMAVARAM VILLAGE, ANAPARTHI MANDAL EAST GODAVARI DIST. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DIST. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DIST., AT RAJAMAHENDRAVARAM. 4 3. THE REVENUE DIVISIONAL OFFICER, RAJAMAHENDRAVARAM DIVISION, EAST GODAVARI DIST. 4. THE TAHSILDAR, ANAPARTHI MANDAL, EAST GODAVARI DIST. ...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 to issue Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in trying to issue notification for appointment of permanent dealer in respect of FP Shop Nos.0433024 0433007 0433004 0433032 0433006 0433031 0433030 0433019 0433023 of Anaparthi Mandal of East Godavari Dist., without considering our representation dt 23-7-2024 for issuance of Authorization on our name under AP State Targeted Public Distribution System (Control) Order, 2018 is illegal arbitrary and violation of the principles of natural justice and consequentially direct the 3rd respondent to issue authorization on permanent basis in favor of the petitioners for their respective shops situated at Anaparthi Mandal of East Godavari Dist., and pass any other order this Honble Court may deem fit in the interest of Justice IA NO: 1 OF 2025 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 may be pleased to Direct the respondents not to appoint temporary/permanent dealer in respect of shops FP Shop Nos.0433024; 0433007; 0433004; 0433032; 0433006; 0433031; 0433030; 0433019; 0433023 of Anaparthi Mandal of East Godavari Dist., without giving due opportunity of being heard to the petitioners herein, pending disposal of the writ petition Counsel for the Petitioner(S): 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 5 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION Nos.14461 and 7737 of 2025 COMMON ORDER: Since the issue involved in both the writ petitions is one and the same, they are taken up together and are disposed of by this common order. 2. Petitioners in both the writ petitions are the leaders of Self Help Groups situated at Anaparthi Mandal of East Godavari District and they were appointed as Fair Price Shop dealers on temporary basis under different DWCRA groups and are being continued as such for the last eleven years without there being any complaint. The petitioners made a request to the respondent authorities for regularization of their shops and for issuance of authorization for their respective shops. The grievance of the petitioners is that the respondents, without considering their applications for regularization, are trying to issue notification for appointment of a Fair Price Shop Dealer in the respect of the subject shops on permanent basis. Aggrieved by the said action, the present writ petitions came to be filed. 3. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue. 4. The main grievance of the petitioners herein is that without giving any preference to the petitioners-DWCRA groups, the respondent authorities are issuing notification for appointment of Fair Price Shop dealers in respect of the 6 petitioners’ fair price shops on permanent basis. However, it is brought to the notice that the issue involved herein is squarely covered by an order of this court passed in W.P.No.31505 of 2024 and batch, dated 17.11.2025, wherein this court considered the identical issue exhaustively, and directed the respondent authorities to issue notifications for appointment of fair price shops in tune with G.O.Ms.No.32 Consumer Affairs, Food and Civil Supplies (CS-I) Department, dated 03.12.2018, G.O.Ms.No.10 Consumer Affairs, Food & Civil Supplies (CS-I) Department, dated 03.09.2024 and Circular Instructions CCS Ref.No.FCS02- No21/1/2024-AD, dated 15.09.2024. 5. For the reasons alike and following the principle laid down in W.P.No.31505 of 2024 and batch, dated 17.11.2025, the writ petitions are allowed and the respondents are directed to issue notification for appointment of permanent dealers in respect of the petitioners’ Fair Price Shops, in accordance with the directions given in W.P.No.31505 of 2024 and batch, dated 17.11.2025. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date: 19.11.2025 Ksn/Cmk