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High Court of Andhra Pradesh · body

2025 DAILYLAW 41475 (AP)

K NAGAVENI v. THE STATE OF AP

WP/1614/2025 · 2025-11-16

V Sujatha

body2025

Judgment text

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APHC010605162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION Nos.31505 of 2024, 1035, 1226, 1265, 1614 and 1910 of 2025 WRIT PETITION NO: 31505/2024 Between: 1. THAMMA MOUNIKA, , W/O THAMMA SUDHAKARA REDDY, AGED ABOUT 31 YEARS, OCC. FP SHOP DEALER, SHOP. NO. 0712073 SRI SAI GANGAMMA THALLI SWAYAM SAHAYAKA SANGHAM, R/O RAMCHANDRAPURAM, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 2. SMT. JANGAM GOVAMMA, , W/O JANGAM RAVI KUMAR. AGED ABOUT 36 YEARS, OCC FP SHOP DEALER, SHOP. NO. 0728005, USHODAYA DWACRA GROUP, R/O TUMMAPUDI VILLAGE, DUGGIRALA MANDAL, GUNTUR DISTRICT. 3. . SMT. NEELAM VENKATA RAMANA,, W/O SRI KRISHNA, AGED ABOUT 45 YEARS, OCC FP SHOP DEALER, SHOP. NO. 0782013, JOHNAVI MAHILA SANGAM, MANGALAGIRI URBAN, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 4. SMT. SK. MAGBAL,, W/O SHAMEEM AHMAD ABDUL, AGED ABOUT 40 YEARS, OCC FP SHOP DEALER, SHOP. NO. 0728014, MAGBAL SWAYAM SAHAYAKA SANGHAM, MANGALAGIRI URBAN, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 5. SMT. KURAGANTI KANTHAMMA,, W/O RAMESH BABU, AGED ABOUT 51 YEARS, OCC FP SHOP DEALER, SHOP. NO. 0782026, 2 VIJAY MAHILA GROUP, MANGALAGIRI URBAN, MANGALAGIRI MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, 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 DISTRICT COLLECTOR MAGISTRATE, GUNTUR, GUNTUR DISTRICT. 4. THE SUB COLLECTOR, TENALI DIVISION, GUNTUR DISTRICT. 5. THE TAHSILDAR, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 6. THE TAHSILDAR, DUGGIRALA MANDAL, GUNTUR 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 topleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondents more particularly the 4th respondent in issuing notification vide Rc. No. 1134/2024 - E dated 20.12.2024 is contrary to the order passed by this Honble Court in WP No. 22633 of 2024 dated 04.10.2024, and Clause 9 of G.O. Ms. No. 32 dated 03.12.2018 is illegal, arbitrary and violations of Article 14,19 and 21 and consequently set aside the same and pass IA NO: 1 OF 2024 3 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 4th respondent vide Rc. No. 1134/2024 - E dated 20.12.2024 in respect of the petitioner’s fair price shops, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES WRIT PETITION NO: 1035/2025 Between: 1. GUTHULA DURGA, W/O. SATHYANARAYANA, AGED 37 YEARS, OCC FP SHOP DEALER, SHOP NO. 441001 NELATURU VILLAGE , SAI KIRAN MAHILA SHAKTHI SANGHAM, R/O. NELATURU VILLAGE, KAPILESWARAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 2. NARALA ANURADHA,, W/O. THRIRNURTHULU, AGED 35 YEARS, OCC FP SHOP DEALER, SHOP NO. 441010 (NALLURU VILLAGE), GOURI DEVI MAHILA SHAKTHI SANGHAM, R/O. NALLURU VILLAGE, KAPILESWARAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 3. CHITTURI CHANDRA KALA,, W/O. VEERA VENKATA SATYA NARAYANA, AGED 44 YEARS, OCC. FP SHOP DEALER, SHOP NO. 441012 (VEDURUMUDI VILLAGE), VARALAKSHMI MAHILA SHAKTHI SANGHAM, R/O. VEDURUMUDI VILLAGE, KAPILESWARAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 4. MEDISETTI NARASA KUMARI,, W/O. LAKSHMI NARAYANA, AGED 39 YEARS, OCC. FP SHOP DEALER, SHOP NO. 441018 (TEKI VILLAGE), SIVADURGA MAHILA SHAKTHI SANGHAM, R/O. TEKI VILLAGE, KAPILESWARAPURAM MANDAL, DR. B.R. 4 AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 5. VASAMSETTI SRI LALITHA,, W/O. SURESH, AGED 35 YEARS, OCC. FP SHOP DEALER, SHOP NO. 441021 (NAGULACHERUVU VILLAGE), NIRMALA MAHILA SHAKTHI SANGHAM, R/O. NAGULACHERUVU VILLAGE, KAPILESWARAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 6. PANCHIKATIA DURGA BHAVANI,, W/O. SURESWARA RAO, AGED 37 YEARS, OCC. FP SHOP DEALER, SHOP NO. 441024 (KORUMILLI VILLAGE), JANARDHANA MAHILA SHAKTHI SANGHAM, R/O. KORUMILLI VILLAGE, KAPILESWARAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 7. SAVARAM NAGA LAKSHMI,, W/O. ADINARAYANA, AGED 43 YEARS, OCC. FP SHOP DEALER, SHOP NO. 441026 (ADDANKIVARI LANKA VILLAGE), SAI DURGA MAHILA SHAKTHI SANGHAM, R/O. ADDANKIVARI LANKA VILLAGE, KAPILESWARAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 8. GUDALA ANNAPURNA,, W/O. ESWARUDU, AGED 37 YEARS, OCC- FP SHOP DEALER, SHOP NO. 441028 MACHARA VILLAGE, NAGAMANI MAHILA SHAKTHI SANGHAM, R/O. MACHARA VILLAGE, KAPILESWARAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 9. ANUKULA CHITTI RATHNAM,, W/O. VALUVA RAJU, AGED 53 YEARS, OCC FP SHOP DEALER, SHOP NO. 441030 KAPILESWARAPURAM VILLAGE, SATHYA SAI MAHILA SHAKTHI SANGHAM, R/O. KAPILESWARAPURAM VILLAGE AND MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 10. NAKKA RANI,, W/O. SESHA RAO, AGED 37 YEARS, OCC- FP SHOP DEALER, SHOP NO. 441032 KAPILESWARAPURAM VILLAGE, JESUS MAHILA SHAKTHI SANGHAM, R/O. KAPILESWARAPURAM VILLAGE, KAPILESWARAPURAM 5 MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 11. MURAMALLA MANIKYAM,, W/O. SUBBA RAO, AGED 50 YEARS, OCC- FP SHOP DEALER, SHOP NO. 441034 NARAYANA LANKA VILLAGE, DURGA MAHILA SHAKTHI SANGHAM, R/O. NARAYANA LANKA VILLAGE, KAPILESWARAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 12. YEDIA SURYA KUMARI,, W/O. NAGESWARA RAO, AGED 50 YEARS, OCC- FP SHOP DEALER, SHOP NO. 441035 TATAPUDI VILLAGE, SRI LAKSHMI MAHILA SHAKTHI SANGHAM, R/O. TATAPUDI VILLAGE, KAPILESWARAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 13. LALAM VIJAYA CHAMUNDESHWARI DEVI,, W/O. SURI BABU, AGED 49 YEARS, OCC- FP SHOP DEALER, SHOP NO. 0440002 RAYAVARAM VILLAGE, SRINIVASA MAHILA SHAKTHI SANGHAM, R/O. RAYAVARAM VILLAGE AND MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 14. GUDIMETIA ASWINI,, W/O. VIJAYA BHASKAR REDDY, AGED 29 YEARS, OCC FP SHOP DEALER, SHOP NO. 0440004 VEDURUPAKA VILLAGE , APARNA MAHILA SHAKTHI SANGHAM, R/O. VEDURUPAKA VILLAGE, RAYAVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 15. KANCHI YASHODA,, W/O. VEERA RAGHAVULU, AGED 66 YEARS, OCC FP SHOP DEALER, SHOP NO. 0440005 VEDURUPAKA VILLAGE KARUNANIDHI 16. BOGALA RUPA RANI,, W/O. WILLIAMS, AGED 36 YEARS, OCC FP SHOP DEALER, SHOP NO. 0440007 VEDURUPAKA SAVARAM VILLAGE INDIRA PRIYADARSHINI MAHILA SHAKTHI SANGHAM, R/O. VEDURUPAKA SAVARAM VILLAGE, RAYAVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH 6 17. NAKKA SATYA PRASANNA,, W/O. PEDA VENKANNA, AGED 31 YEARS, OCC FP SHOP DEALER, SHOP NO. 0440013 MACHAVARAM VILLAGE , SARADA MAHILA SHAKTHI SANGHAM, R/O. MACHAVARAM VILLAGE, RAYAVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 18. KARRI VIMALA,, W/O. BALA GANAPATHI REDDY, AGED 39 YEARS, OCC FP SHOP DEALER, SHOP NO. 0440014 MACHAVARAM VILLAGE , SHARADA MAHILA SHAKTHI SANGHAM, R/O. MACHAVARAM VILLAGE, RAYAVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 19. CHEEKARAMILLI APARNA DEVI,, W/O. VARA PRASAD, AGED 46 YEARS, OCC FP SHOP DEALER, SHOP NO. 0440015 MACHAVARAM VILLAGE , SRI RAJA RAJESHWARI MAHILA SHAKTHI SANGHAM, R/O. MACHAVARAM VILLAGE, RAYAVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 20. CHINNAM APARNA DEVI,, W/O. PULLESWARA RAO, AGED 41 YEARS, OCC FP SHOP DEALER, SHOP NO. 0440018 PASALAPUDI VILLAGE , TEJA MAHILA SHAKTHI SANGHAM, R/O. PASALAPUDI VILLAGE, RAYAVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 21. MUTHYALA SRI NAGA VARA LAKSHMI,, W/O. SRINIVAS, AGED 39 YEARS, OCC FP SHOP DEALER, SHOP NO. 0440026 CHELLURU VILLAGE , SAI BABUJI MAHILA SHAKTHI SANGHAM, R/O. CHELLURU VILLAGE, RAYAVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 22. AKULA SUNDARA MANIKYAMBA, , W/O. GAVARRAJU, AGED 44 YEARS, OCC FP SHOP DEALER, SHOP NO. 0440033 KURMAPURAM VILLAGE , SRI BHTAKTHANJANEYA MSS GROUP, R/O. KURMAPURAM VILLAGE, RAYAVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 7 23. MUTHYALA VENKATA KRISHNA VENI,, W/O. RAMA MURTHY, AGED 62 YEARS, OCC FP SHOP DEALER, SHOP NO. 0440040 CHELLURU VILLAGE , SRI SAI MAHILA SHAKTHI SANGHAM, R/O. CHELLURU VILLAGE, RAYAVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 24. VASAMSETTI UMA MAHESWARI, , W/O. SRINIVASA RAO, AGED 48 YEARS, OCC FP SHOP DEALER, SHOP NO. 0440041 VENTURU VILLAGE , SRI SAI TEJA MAHILA SHAKTHI SANGAM, R/O. VENTURU VILLAGE, RAYAVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE COMMISSIONER CIVIL SUPPLIES, AP STATE CIVIL SUPPLIES CORPORATION LTD, D. NO. 10-152/1, CIVIL SUPPLIES BHAVAN, FLOOR, SRI SAI TOWERS, BESIDE SIRIS COMPANY, KANURU, VIJAYAWADA, KRISHNA DISTRICT- 520007. 3. THE REVENUE DIVISIONAL OFFICER, RAMACHANDRAPURAM, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 4. THE TAHSILDAR, RAYAVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 5. THE TAHSILDAR, KAPILESWARAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. ...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 tomay be pleased to issue a Writ or Order or Direction more 8 particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 3rd respondent in issuing notification vide Ref No.B4/822-48/2024 dated 03.01.2025 is illegal, arbitrary and violations of Articles 14, 19 and 21 of the Constitution of India consequentially stay of all further proceedings issued by the 3rd respondent vide notification vide Ref No.B4/822-48/2 024 dated 03.01.2025 and to pass such 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 stay of all further proceedings issued by the 3rd respondent vide notification vide Ref NO.B4/822-48/2024 dated 03.01.2025 pending disposal of the above writ petition and pass such IA NO: 2 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 vacate the interim orders dated 10.01.2025 passed in I.A.No.1 of 2025 in W.P.No.1035 of 2025 and dismiss the present writ petition with costs and pass Counsel for the Petitioner(S): 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES WRIT PETITION NO: 1226/2025 Between: 1. SATYA DEVI MAHILA SHAKTHI SANGHAM, REPRESENTED BY ITS PRESIDENT, SMT. BAVISETTY VEERA SURYA KUMARI, W/O APPARAO , AGED. 40 YEARS, R/O 31-9-9/1, CHEPPIDIVARISAVARAM, RAMACHANDRAPURAM MANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT. (FAIR PRICE SHOP 9 NO.0439002). 2. MAHBOOB SUBHANI MAHILA SAKTHI SANGHAM, REPRESENTED BY ITS PRESIDENT, SMT. SHAIK BEEBI JAHN, W/O AHMED ALI, AGED. 48 YEARS, R/O D NO. 31-8-16, SRI RAM PETA, RAMACHANDRAPURAM MANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT. (FAIR PRICE SHOP.NO.0439003). 3. PADMA MAHILA SHAKTHI SANGHAM,, REPRESENTED BY ITS PRESIDENT, SMT. ANNAMNEEDI SRI SURYA ANANTHA LAKSHMI, W/O NAGA MALLESHWAR RAO, AGED. 49, R/O 32-10- 1/2, LALITHA NAGAR, RAMACHANDRAPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. (FAIR PRICE SHOP NO.0439013). 4. SRI SAI MAHILA SHAKTHI SANGHAM,, REPRESENTED BY ITS PRESIDENT, SMT. GUBBALA VENKATA LAKSHMI, W/O RAMBABU, AGED. 35 YEARS, R/O 7-2-28, GUBBALAVARI STREET, RAMACHANDRAPURAM MANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT.(FAIR PRICE SHOP NO. 0439012). 5. ASWINIMAHILA SHAKTHI SANGHAM,, REPRESENTED BY ITS PRESIDENT, SMT. DANGETI JYOTHI, W/O RAJESH, AGED 27 YEARS, R/O 1-14, VENKATAYYAPALEM VILLAGE, RAMACHANDRAPURAM MANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT.(FAIR PRICE SHOP NO.0439052) 6. MR SEELAMGANGARAJU,, S/0 GOVINDUDU, AGED. 62 YEARS, R/O D NO. 23-8-1, SEELAM VARISAVARAM ROAD, RAMACHANDRAPURAM MANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT.(FAIR PRICE SHOP NO. 0487014), 7. SMT. PALIVELA LAKSHMI CHANDRA KUMARI, W/O SATYANARAYANA, AGED. 55 YEARS, R/0 14-2-24/E RAMACHANDRAPURAM ANKAMVARI STREET, DR.B.R.AMBEDKARKONASEEMAMANDAL, DISTRICT.(FAIR 10 PRICE SHOP NO. 0439006). 8. RAJANI MAHILA SHAKTHI SANGHAM,, REPRESENTED BY ITS PRESIDENT, SMT. VETCHA RAMA LAKSHMI, W/O RAMA KRISHNA, AGED. 54 YEARS, R/O 32-4-16 MUTCHIMILLI ROAD, RAMACHANDRAPURAM MANDAL DR.B.R.AMBEDKARKONASEEMA DISTRICT. (FAIR PRICE SHOP NO.0439007). 9. SARASWATHI MAHILA SHAKTHI SANGHAM,, REPRESENTED BY ITS PRESIDENT, SMT. KOMMANA SURYA KUMARI, W/O NAGESWARA RAO, AGED. 42 YEARS, R/O 34-2-12, MUTHIMILII, RAMACHANDRAPURAM MANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT.(FAIR PRICE SHOP NO. 0439004). 10. SWARNA MANJARI MAHILA SHAKTHI SANGHAM,, REPRESENTED BY ITS PRESIDENT, SMT. GARAKAPATI GEETHA SRI LAKSHMI, W/O SATISH KUMAR, AGED. 34 YEARS, R/O 2-35, ODURU VILLAGE, RAMACHANDRAPURAM MANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT.(FAIR PRICE SHOP NO. 0439019). ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE COMMISSIONER CIVIL SUPPLIES, AP STATE CIVIL SUPPLIES DEPARTMENT, D. NO. 10-152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDE SIRIS COMPANY, KANURU, VIJAYAWADA, KRISHNA DISTRICT - 520007. 3. THE REVENUE DIVISIONAL OFFICER, RAMACHANDRAPURAM, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA 11 PRADESH. 4. THE TAHSILDAR, RAMACHANDRAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. ...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 topleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 3rd respondent in issuing notification vide Ref No.B4/822-48/2024 dated 03.01.2025 is illegal, arbitrary and violations of Articles 14, 19 and 21 of the Constitution of India consequentially stay of all further proceedings issued by the 3rd respondent vide notification vide Ref No.B4/822-48/2024 dated 03.01.2025 and to 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 stay of all further proceedings issued by the 3rd respondent vide notification vide Ref NO.B4/822-48/2024 dated 03.01.2025 pending disposal of the above writ petition and pass IA NO: 2 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 vacate the interim orders dated: 17.01.2025 in W.P.No.1226 of 2025 and dismiss the Writ Petition and pass Counsel for the Petitioner(S): 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES WRIT PETITION NO: 1265/2025 Between: 12 1. VADLAPATI RAJAMANI, , W/O VADLAPATI VENKATA RAMANA AGED ABOUT 44 YEARS, OCC. FP SHOP DEALER, SHOP. NO. 0438034, SRI SATYA MAHILASAKTHISANGAM, R/O ARYAVATAM VILLAGE, KAJULURU MANDAL, EAST GODAVARI NOW DR. B. R. AMBEDKAR KONASEEMA DISTRICT. 2. SMT. SONNA LAKSHMI,, W/O S. CHAKRAM, AGED ABOUT 52 YEARS, OCC. FP SHOP DEALER, SHOP. NO. 0438035, SRI SIVA SAKTHIMAHILASAKTHISANGAM, R/O GOLLAPALEM MANDAL, EAST GODAVARI NOW DR. B. R. AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER(S) 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, 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 DISTRICT COLLECTOR MAGISTRATE, AMALAPURAM, EAST GODAVARI NOW KONASEEMA DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, KAKINADA DIVISION, EAST GODAVARI NOW KONASEEMA DISTRICT. 5. THE TAHSILDAR, KAJULURU MANDAL EAST GODAVARI NOW DR. B. R. AMBEDKAR KONASEEMA DISTRICT. 6. THE TAHSILDAR, GOLLAPALEM MANDAL, EAST GODAVARI NOW DR. B. R. AMBEDKAR KONASEEMA 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 13 pleased topleased to issue a Writ of Mandamus or any other appropriate Writ Order or directiondeclari ng the action of the Respondents more the 4TH respondent in issuing notification vide Index. No. D/843/Kajuluru/0438034/2024 AND Index. No. D/843/Kajuluru/0438 035/2024 dated 01.01.2025 is illegal, arbitrary and violation ofprinciples of natural justice consequently set aside the same in respect of petitioner's fair price shops 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 4TH respondent vide Index. No. D/843/Kajuluru/0438034/2024&lndex. No. D/843/Kajuluru/0438035/2024 dated 01.01.2025 in respect of petitioner’s fair price shops pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES WRIT PETITION NO: 1614/2025 Between: 1. K NAGAVENI, W/O K KRISHNAMURTHY, AGED ABOUT 51 YEARS, OCC FP SHOP DEALER, SHOP. NO. 1036012, R/O D. NO. 9-29, RAMASAMUDRAM MANDAL CHITTOOR NOW ANNAMAYYA DISTRICT. 2. . SRI MAAKAM VENKATACHALAPATHI,, S/O LATE CHINNA PEDDAPPA, AGED ABOUT 77 YEARS, OCC FP SHOP DEALER, SHOP. NO. 1036014, R/O D. NO. 5-7, RAMASAMUDRAM MANDAL, CHITTOOR NOW ANNAMAYYA DISTRICT. ...PETITIONER(S) AND 14 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAFBUILDINGS, 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 DISTRICT COLLECTOR MAGISTRATE 0, CHITTOOR NOW ANNAMAYYA DISTRICT. 4. THE SUB MAGISTRATE, MANDANAPALLE DIVISION CHITTOOR NOW ANNAMAYYA DISTRICT. 5. THE TAHSILDAR, RAMASAMUDRAM MANDAL CHITTOOR NOW ANNAMAYYA 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 topleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the Respondents more particularly the 4th respondent in issuing notification vide Ref. No. Cl/1011/2024 and Ref. No. Cl/1012/2024 dated 07.12.2024 is contrary to the Go. Ms. No. 10 dated 03.09.2024 is illegal, arbitrary and violations of Article 14, 19 and 21 consequently set aside the same 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 4th respondent vide Ref. No. C1/1011/2024 & Ref. No. Cl/1012/2024 dated 07.12.2024, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 15 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES WRIT PETITION NO: 1910/2025 Between: 1. SMT. RAYAPATI HIMA SANDYA,, W/O RAYAPATI HARI KISHORE, AGED ABOUT 40 YEARS, OCC. FP SHOP DEALER, SHOP. NO. 508004, R/O D. NO. 1-52, BANDAMCHERLA VILLAGE T. NARSAPURAM MANDAL, WEST GODAVARI NOW ELURU DISTRICT ...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 REVENUE DIVISIONAL OFFICER, JANGAREDDYGUDEM DIVISION, WEST GODAVARI NOW ELURU DISTRICT. 4. THE TAHSILDAR, T. NARSAPURAM MANDAL WEST GODAVARI NOW ELURU DISTRIC ...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 tomay be pleased to issue a Writ of Mandamus or any other appropriate Writ or Order or direction declaring the action of the 16 respondents more particularly the 3rd respondent in issuing notification vide Roc. No. 22/2025/CS dated 10.01.2025 is illegal, arbitrary and violations of Article 14,19 and 21 and consequently set aside the same in respect of petitioner fair price shop and pas 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 stay all further proceedings issued by the 3rd respondent vide notification Roc. No. 22/2025/CS dated 10.01.2025 in respect of petitioner fair price shop pending disposal of the above Writ F’etition and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 17 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION Nos.31505 of 2024, 1035, 1226, 1265, 1614 and 1910 of 2025 COMMON ORDER: Since the issues involved in these writ petitions are one and the same, these writ petitions are taken up together and disposed of by way of common order. 2. The petitioners in the present batch of writ petitions were appointed as temporary dealers for the fair price shops under different DWCRA groups and have been working for more than ten years, eking out their livelihood from the commission paid by the State. Due to rationalization of the fair price shops in the State through G.O.Ms.No.10 dated 03.09.2024, a large number of DWCRA groups have lost their livelihood and shelter. 3. The petitioners have filed the present writ petitions challenging the action of the respondents, in issuing impugned notifications pertaining to their fair price shops on the ground that the respondents intend to proceed with the notifications without providing reservation to DWCRA groups and proper bifurcation of fair price shops in the State which is contrary to G.O.Ms.No.4 dated 19.11.2011, G.O.Ms.No.32 dated 03.12.2018, and other relevant circulars. 18 4. The grievance of the petitioners is that the respondents are issuing notifications without specifying the roster point or the category of the respective fair price shop. Though there are Government Orders specifying preference to DWCRA groups, the respondents are refusing the petitioners’ applications for the appointment on permanent basis on the ground that they do not belong to the category/roster to which the fair price shop is being allotted. 5. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Civil Supplies representing the respondents. 6. Learned counsel for the petitioners brought to the notice of this Court Clause 1(3) and Clause IX(iii) of G.O.Ms.No.32, Consumer Affairs, Food & Civil Supplies (CS-I) Department, dated 03.12.2018, and Circular Instructions CCS.Ref.No.FCS02-No21/1/2024-AD dated 15.09.2024. Clause 1(3) reads as under:— “In the notification inviting applications for selection of candidates for fair price shops, it shall be specifically mentioned whether the fair price shop for which applications have been invited is reserved for Scheduled Castes/Scheduled Tribes/Backward Classes/physically handicapped/women, so that the persons eligible alone shall apply. Applications received from other than the category persons shall not be considered for the FP shops which were specifically reserved for.” Clause IX(iii) reads as under: “Preference shall be given to the institutions which are indicated in the NFS Act, 2013, viz., DWCRA groups.” 19 7. The respondents contended that the Commissioner of Civil Supplies, Andhra Pradesh, Vijayawada, vide their circular CCS.Ref.No.FCS02- N021/1/2024-AD dated 15.09.2024, has issued instructions for implementation of the orders issued in G.O.Ms.No.10, Consumer Affairs, Food & Civil Supplies (CS-I) Department, dated 03.09.2024, and also for filling up existing clear vacancies of fair price shops by following due procedure. In the above circular, Point Nos. XI and XXIV are relevant wherein it is specified as follows: Point No. XI: Any unemployed person, public institutions, S.H.Gs. which are run exclusively by women, co-operative societies, Girijan co-operative societies shall be eligible for appointment as fair price shop dealers. Point No. XXIV: Preference shall be given to the institutions which are indicated in the NFS Act, 2013, viz., DWCRA groups. 8. It is further stated that the petitioners did not file any application to attend the examination and interview prescribed for appointment as fair price shop dealers. It is also contended that there is no roster point for reservation to the DWCRA/SHG groups as alleged by the petitioners. 9. However, learned counsel for the petitioner has stated that in spite of the above referred circular instructions and G.O.Ms.No.32 dated 03.12.2018 and G.O.Ms.No.10 dated 03.09.2024 issued by the Government, the respondent authorities are not receiving the applications from DWCRA groups on the sole ground that Fair Price Shop is being reserved for a particular category/roster. 20 10. On a perusal of the writ affidavits and counters, it is evident that as per Clause IX(iii) of G.O.Ms.No.32 dated 03.12.2018 and the circular instructions dated 15.09.2024, preference must be given to DWCRA groups. 11. However, notifications issued by the respondents do not specify the category or roster, for which the Fair Price Shop has been reserved and also does not specify that the eligible DWCRA group members who fall under the roster point and meet the age and educational qualifications as per the notifications will be given preference for appointment. 12. In some cases though the subject notifications specify the category/roster to which the said Fair Price Shops have been reserved, the respondents are refusing the applications of the DWCRA groups or other groups which fall under Clause IX(iii) of G.O.Ms.No.32 and the circular instructions dated 15.09.2024 on the sole ground that they do not fall under the reserved category. 13. It has come to the notice of this Court that several writ petitions have been filed challenging the notifications and the said notifications have been stayed by this Court only on the ground that there is no specification in the said notifications with regard to the category to which the Fair Price Shop has been reserved and also with regard to the preference to be given to the DWCRA group members who fall under Clause IX (iii) of G.O.Ms.No.32 21 dated 03.12.2018 and the subsequent circular instructions dated 15.09.2024. In view of the stay granted by this Court, the respondents are unable to make permanent appointments to the subject Fair Price Shops and the shops are being continued by temporary Fair Price Shop dealers. 14. In view of the same, this Court feels it appropriate to direct the respondents to specify in the notification, the category to which the fair price shop is being reserved and that the applications submitted by the DWCRA group members, who fall under Clause IX (iii) of G.O.Ms.No.32 dated 03.12.2018 and the subsequent circular instructions dated 15.09.2024 shall be received subject to fulfillment of roster point, age and educational qualifications as per the notification. 15. With the above observations, these Writ Petitions are allowed setting aside the impugned notifications pertaining to the petitioners Fair Price Shops with a liberty to the respondents to issue fresh notification in accordance with the above directions. 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 :17.11.2025 MH/JAK 22 HONOURABLE SMT. JUSTICE V.SUJATHA 140 WRIT PETITION Nos.31505 of 2024, 1035, 1226, 1265, 1614 and 1910 of 2025 Date :17.11.2025 MH/JAK