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2025 DAILYLAW 44583 (AP)

DAARA RAVI v. THE STATE OF ANDHRA PRADESH

WP/15326/2024 · 2025-12-23

V Sujatha

body2025

Judgment text

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APHC010304142024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15326/2024 Between: 1. DAARA RAVI, S/O CHINA VEERA SWAMI, AGED 23 YEARS, OCCUPATION UNEMPLOYED, R/O VAYAKALLU VILLAGE, SAVALYAPURAM MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PALNADU DISTRICT,NARASARAOPET. 3. THE REVENUE DIVISIONAL OFFICER, NARASARAOPET, PALNADU DISTRICT. 4. THE TAHSILDAR, SAVALYAPURAM MANDAL, PALANADU 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 to issue a Writ of Mandamus or any other appropriate Writ Order or direction, declaring the inaction on the part of the respondents in notifying and filling up the post of Fair Price Shop Dealer of Fair Price Shop No.0742014 of Vayakallu village, Savalyapuram Mandal, Palanad District, on permanent basis, as illegal, arbitrary and violative of Article 14 of the Constitution of India 2 VS,J W.P.No.15326 of 2024 and to issue consequential direction to the respondents to forthwith notify and fill up the vacancy of Fair Price Shop Dealer in respect of Fair Price Shop No.0742014 of Vayakallu village, Savalyapuram Mandal, Palanad District, on permanent basis and pass IA NO: 1 OF 2024 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 direct the third respondent to issue public notification and fill up the vacancy of Fair Price Shop Dealer in respect of Fair Price Shop No.0742014 of Vayakallu village, Savalyapuram Mandal, Palanadu District on permanent basis pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. M S P REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.15326 of 2024 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 of Mandamus or any other appropriate Writ Order or direction declaring the inaction on the part of the respondents in notifying and filling up the post of Fair Price Shop Dealer of Fair Price Shop No.0742014 of Vayakallu village, Savalyapuram Mandal, Palanad District, on permanent basis, as illegal, arbitrary and violative of Article 14 of the Constitution of India and to issue consequential direction to the respondents to forthwith notify and fill up the vacancy of Fair Price Shop Dealer in respect of Fair Price Shop No.0742014 of Vayakallu village, Savalyapuram Mandal, Palanad District, on permanent basis….” 2. The petitioner is a resident of Vayakallu village, Savalyapuram Mandal, Palanad District. He studied up to Intermediate and is presently unemployed and doing daily wage works. There used to be a Fair Price Shop No.0742014 in Vayakallu Village and no permanent dealer has been appointed to the said shop for a long time. However, one K.Masthan Rao was appointed as a temporary dealer to the said shop, whose authorization was cancelled in the year 2004, as he was indulged in selling the PDS rice in black market. Thereafter, the said shop fell vacant and was not notified since 2004, and Fair Price Shop dealers have been appointed only on a temporary basis for every five years, as per the choice of the 3rd respondent, who is appointing authority. 3. The grievance of the petitioner is that the basic qualification for appointment as a Fair Price Shop dealer is Secondary School Certificate 4 VS,J W.P.No.15326 of 2024 (SSC) examination. The petitioner has completed the S.S.C. and is an unemployed person, eligible for appointment as a Price Shop dealer, and has requesting respondents 3 and 4 to notify the vacancy and fill up the post on a permanent basis, but the same was not considered. Challenging the said inaction of the respondents, the present writ petition is filed. 4. Today, when the matter came up for hearing, the learned Assistant Government Pleader for Civil Supplies stated that no notification has been issued to the subject Fair Price Shop till date. 5. In view of the above instructions, there shall be a direction to the respondents to issue a notification for appointment of Fair Price Shop dealer for Shop No. 0742014 of Vayakallu Village, Savalyapuram Mandal, Palanad District on permanent basis. However, liberty is granted to the petitioner to apply for the Fair Price Shop dealership in pursuance to the notification issued by the respondents for filling up of the Fair Price Shop in respect of Vayakallu Village, Savalyapuram Mandal, Palanad District. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 24.12.2025 KGR