GANDIKOTA SANDHYA VENI v. THE STATE OF ANDHRA PRADESH
WP/1036/2025 · 2025-11-17
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41122 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41122 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010019682025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1036/2025 Between:
1. GANDIKOTA SANDHYA VENI, W/O. G. HARIPRASAD., AGED ABOUT 36 YEARS., R/O. 42/262-2-3, N.G.O.COLONY,CHINNACHOWK., KADAPA MANDAL., KADAPA. ...
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE COMMISSIONER CIVIL SUPPLIES, AP STATE CIVIL SUPPLIES CORPORATION LTD, D. NO. 10-152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDE SIRIS COMPANY, KANURU, VIJAYAWADA, KRISHNA DISTRICT - 520007.
3. THE JOINT COLLECTOR, KADAPA DISTRICT, KADAPA.
4. THE REVENUE DIVISIONALOFFICER, KADAPA , KADAPA DISTRICT.
5. THE TAHSILDAR, KADAPA MANAL, 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 toleased stay all further proceedings issued by the 3rd respondent
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VS,J W.P.No.1036 of 2025
vide notification Ref No. Rc.No. C/1628/2024 dated 28.12.2024 in so far as Fair Price Shop No. 1131088, situated at, Mutharasupalli of Kadapa is concerned pending disposal of the above Writ Petition 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 stay all further proceedings issued by the 3rd respondent vide notification Ref No. Rc.No. C/1628/2024 dated 28.12.2024 in so far as Fair Price Shop No. 1131088, situated at, Mutharasupalli of Kadapa Town is concerned pending disposal of the above Writ Petition and pass Counsel for the Petitioner:
1. V V N NARASIMHAM Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following:
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VS,J W.P.No.1036 of 2025
HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.1036 of 2025
ORDER:
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate Writ Order declaring the notification Ref No.Rc.No.C/1628/2024 dated 28.12.2024 of the 4th respondent herein in so far as Fair Price Shop No.1131088, situated at Mutharasupalli of Kadapa Town is concerned as illegal, without jurisdiction and contrary to the procedure contained under the Targeted Public Distribution System (Control) Order, 2018 vide G.O.Ms.No.15, Consumer Affairs, Food and Civil Supplies (CS-I) Department dated 01-08-2018 and the Revised Guidelines issued vide G.O.Ms.No.32 dated 03-12-2018 of the 1st respondent herein and violations of Article 14, 19 & 21 and consequently set aside the same…”
2. The petitioner being a dwakra group member was appointed as a Fair Price Shop dealer on temporary basis on 06.09.2024 for a period of six months i.e., from September, 2024 to February, 2025. However, the petitioner have filed the present writ petition challenging the notification dated 28.12.2024 issued by the 4th respondent on the ground that now the 3rd respondent issued the impugned notification by changing the category of reservation from BC to OC (EWS) women without following the roster point and rule of reservation. 3. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Civil Supplies appearing for respondents. 4
VS,J W.P.No.1036 of 2025
4. It is an admitted fact that the petitioner was appointed on 06.09.2024 on temporary basis for a period of six months only i.e., from September 2024 to February 2025, and in the meanwhile, the 4th respondent issued notification Rc.No.C/1628/2024, dated 28.12.2024, calling applications for dealership to the Fair Price shop No.1131088 situated at Mutharasupalli of Kadapa Town. It is also an admitted fact that the petitioner has not submitted any application in pursuance of the notification dated 28.12.2024 and have straight away approached this Court by filing the present writ petition. When the petitioner was appointed solely on temporary basis and that too for a period of six months, the petitioner does not get any right to challenge the impugned notification. 5. A similar issue fell for consideration before the Coordinate Bench this Court in W.P.No.39554 of 2015 dated 10.04.2023, wherein this Court held as under:-
“6.
As the petitioner being a temporary dealer, the notification issued as per the guidelines prescribed by the Government in G.O.Ms.No.4 dated 19.02.2011, the petitioner cannot question the same.”
6. Having regard to the facts and circumstances, this Writ Petition is
disposed of, in terms of the order passed in W.P.No.39554 of 2015, dated
10.04.2023. No order as to costs.
7. Registry is directed to attach the copy of the order, dated 10.04.2023 passed by this Court in W.P.No.39554 of 2015 to this order.
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As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :18.11.2025 JLV
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VS,J W.P.No.1036 of 2025
180 THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 1036/2025
Date :18.11.2025 JLV