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2025 DAILYLAW 45667 (AP)

SRI KRESTHU MAHILA SAKTHI SANGAM v. THE STATE OF AP

WP/1281/2025 · 2025-11-24

V Sujatha

body2025

Judgment text

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APHC010025482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1281/2025 Between: 1. SRI KRESTHU MAHILA SAKTHI SANGAM, REP., BY PRESIDENT SMT., RAVIPATI VARALAKSHMI AGED ABOUT 46 YEARS,F.P.SHOP NO.0428030, PALACHARLA VILLAGE, RAJANAGGRAM MANDALAM, EAST GODAVARI DISTRICT. 2. SRI ABHYUDAYA MAHILA SAKTHI SANGAM,, REP., BY SECRETARY, M.SUBBALAKSHMI. AGED ABOUT 48 YEARS, F.P.SHOP NO.0428003 VELUGUBANDA VILLAGE, RAJANAGARAM MANDALAM. EAST GODAVARI DISTRICT. 3. SRI VENKATA SAI MAHILA SAKTHI SANGAM., REP., BY PRESIDENT, A.SATYAVANI, AGED ABOUT 35 YEARS, F.P.SHOP NO.0428006 VENKATAPURAM VILLAGE, RAJANAGARAM MANDALAM. EAST GODAVARI DISTRICT. 4. SRI VASAVI SELF HELP GROUP,, REP., BY MEMBER VISSAKODETI BHARGAVE, AGED ABOUT 34 YEARS, F.P.SHOP NO.0514012 YADAVOLU VILLAGE, DEVARAPALLI MANDALAM. EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS EX-OFFICIO SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2 VS,J W.P. No1281 of 2025 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, ASHOK NAGAR, BANDAR ROAD, KANURU, VIJAYAWADA - 520007. 3. THE DISTRICT COLLECTOR CIVIL SUPPLIES, EAST GODAVARI DISTRICT. 4. SUBCOLLECTOR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 5. THE REVENUE DIVISIONAL OFFICER CS, KOVVURU DIVISION, EAST GODAVARI DISTRICT 6. THE TAHASILDAR, RAJANAGARAM MANDALAM, . EAST GODAVARI DISTRICT. 7. THE TAHASILDAR, DEVARAPALLI MANDALAM EAST GODAVARI 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 action of the 4th and 5th respondents in issuing proceedings all dated 28.12.2024 31.12.2024proceedings, Ref/D/1753/Rajanagaram/0428030/2024, Ref/D /1753/Rajanagaram/0428003/2024, Ref/D/1753/Rajanagaram/0428006/ 2024,Ref.e-508073/3/M/Devarapalli/0514012/2024in a cryptic manner and 4th and 5th Respondents issued the impugned proceedings, inviting applications for appointment of permanent Fair Price Shop Dealers for without duly considering the objections of the petitioners.Without consider the requests of the petitioners to continue of their Fair Shops bearing No. 0428030 Palacharla Viliqage Rajanagaram Mandalam.F.P. Shop No.0428003, Velugubanda Village, Rajanagaram Mandalam,F.P. Shop No. 0428006,Venkatapuram Village, Rajanagaram Mandalam, F.P.shop No.0514012, Yadavolu Village, Devarapalli Mandalam and inviting applications for appointing permanent Fair Price Shop Dealers as wholly illegal, arbitrary, unconstitutional and contrary to the Go. Ms. Ms. No. 32 dated 03.12.2018, besides being violative of petitioners rights guaranteed under Article 14 and, 19(1)(g) and 21 of the Constitution of India. The brief facts for adjudication of the present lis are as follows- rejecting the requests of the 3 VS,J W.P. No1281 of 2025 petitioners to stop the permanent appointment process of their Fair Shops bearing F.P. Shop No. F.P. Shop No. 0428030 Palacharla Viliqage Rajanagaram Mandalam.F.P. Shop No.0428003, Velugubanda Village, Rajanagaram Mandalam,F.P. Shop No. 0428006,Venkatapuram Village, Rajanagaram Mandalam, F.P.shop No.0514012, Yadavolu Village, Devarapalli Mandalam , inviting applications for appointing permanent Fair Price Shop Dealers F.P Shops as wholly illegal, arbitrary, unconstitutional and contrary to the Go. Ms. No.32 dated 03.12.2018 and 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 to suspend the proceedings issued by 4th and 5th respondents in issuing proceedings dated 28.12.2024 and 31.12.2024 proceedings, Ref/D/1753/Rajanagaram/0428030/2024, Ref/D /1753/Rajanagaram/0428003/2024, Ref/D/1753/Rajanagaram/0428006/ 2024, Ref.e-508073/3/M/Devarapalli/0514012/2024in the requests of the petitioners to stop the permanent appointment process of their Fair Shops bearing F.P. Shop No. No.0428030 Palacharla Viliqage Rajanagaram Mandalam.F.P. Shop No.0428003, Velugubanda Village, Rajanagaram Mandalam.F.P. Shop No. 0428006,Venkatapuram Village, Rajanagaram Mandalam, F.P.shop No.0514012, Yadavolu Village, Devarapalli Mandalam pertaining to the Petitioners Fair Price Shops and pass Counsel for the Petitioner(S): 1. RAJU GUBBALA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 4 VS,J W.P. No1281 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- <…to to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the 4th and 5th respondents in issuing proceedings all dated 28.12.2024 31.12.2024 proceedings, Ref/D/1753/Rajanagaram/0428030/2024,Ref/D/1753/Rajanagaram/042800 3/2024,Ref/D/1753/Rajanagaram/0428006/2024,Ref.e508073/3/M/Devarap alli/0514012/2024 in a cryptic manner and 4th and 5th Respondents issued the impugned proceedings, inviting applications for appointment of permanent Fair Price Shop Dealers for without duly considering the objections of the petitioners.Without consider the requests of the petitioners to continue of their Fair Shops bearing No. 0428030 Palacharla Viliqage Rajanagaram Mandalam.F.P. Shop No.0428003, Velugubanda Village, Rajanagaram Mandalam,F.P. Shop No. 0428006,Venkatapuram Village, Rajanagaram Mandalam, F.P.shop No.0514012, Yadavolu Village, Devarapalli Mandalam and inviting applications for appointing permanent Fair Price Shop Dealers as wholly illegal, arbitrary, unconstitutional and contrary to the Go. Ms. No. 32 dated 03.12.2018, besides being violative of petitioners rights guaranteed under Article 14 and, 19(1)(g) and 21 of the Constitution of India. The brief facts for adjudication of the present lis are as follows- rejecting the requests of the petitioners to stop the permanent appointment process of their Fair Shops bearing F.P. Shop No. F.P. Shop No. 0428030 Palacharla Viliqage Rajanagaram Mandalam.F.P. Shop No.0428003, Velugubanda Village, Rajanagaram Mandalam,F.P. Shop No. 0428006,Venkatapuram Village, Rajanagaram Mandalam, F.P.shop No.0514012, Yadavolu Village, Devarapalli Mandalam , inviting applications for appointing permanent Fair Price Shop Dealers F.P Shops as wholly illegal, arbitrary, unconstitutional and contrary to the Go. Ms. No.32 dated 03.12.2018 and consequently set aside the same India….= 2. Heard learned for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 3. During hearing, learned counsel for the petitioner submitted that the issue involved in this writ petition, is squarely covered by the common order of this Court passed in Writ Petition No.31505 of 2024 and batch, dated 17.11.2025 and requested to pass a similar order in this writ petition also. The 5 VS,J W.P. No1281 of 2025 same is not disputed by the learned Assistant Government Pleader for Civil Supplies representing the respondents. The operative portion of the said order, reads as under: <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 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.= 4. In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also allowed in terms of the common order dated 17.11.2025 passed by this Court in W.P. No. 31505 of 2024 and batch. There shall be no order as to costs. 6 VS,J W.P. No1281 of 2025 5. Registry is directed to attach the copy of the common order dated 17.11.2025 passed by this Court in W.P. No. 31505 of 2024 and batch to this order. Miscellaneous applications pending, if any, shall stand closed in consequence. __________________ JUSTICE V.SUJATHA Dated: 25.11.2025 KGR