APHC010025582025 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: 1390/2025 Between: 1. BHAJANA NAVYA, D/O. BHAJANA SRINIVASA RAO, AGED ABOUT 29 YEARS OCC.TEMPORARY FPS DEALER FPS N0.0437019 R/O. 7-221, SITARAMAPURAM, KORINGA VILLAGE, TALLAREVU MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI GUNTER DISTRICT 2. THE COMMISSIONER CIVIL SUPPLIES AP STATE CIVIL SUPPLIES CORPORATION LTD, D.NO. 10152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDES SIRIS COMPANY, VIJAYAWADA-520007, NTR DISTRICT 3. THE DISTRICT COLLECTOR, KAKINADA DISTRICT, KAKINADA, KAKINADA DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, KAKINADA DIVISION, KAKINADA DISTRICT. 5. THE TAHSILDAR, TALLAREVU MANDAL KAKINADA 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 2 VS,J W.P.No.1390 of 2025 pleased topleased to issue an appropriate writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 4th Respondent in issuing notification ref. D/843/Tallarevu/0437019/2024 dated 01-01-2025 and paper publication dated 01-01-2025 for appointment of permanent dealers in respect of ration shop vide F.P. Shop No.0437019 situated at Korangi Village of Tallarevu Mandal of Kakinada Division and District is contrary to the GO Ms.No.4 dated 28-02-2014 and GO.Ms.No.32 dated 03-12-2018 without issuing prior notice without following procedure and without following roster points contrary to GO.Ms.77 dated 02-08-2023 as illegal, arbitrary. Capricious, colorable exercise of power, violative of principles of natural justice, contrary to the law laid down by Full Bench of this Honble Court reported in M. Vanaja Vs. B. Balaseshanna and others, 2007 (4) ALD 388 (FB), and order dated 17- 01- 2025 in WP.No.1226 of 2025 by this Honble Court, apart from violation of Article 14, 16, 19 and 21 of Constitution of India and set aside the notification ref. D/843/Tallarevu/0437019/2024 dated 01-01- 2025 forthwith in the interest of justice, consequently, continue the petitioner as dealer to the FPS No.0437019 by supplying commodities as usual, forthwith in the interest of justice 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 stay of all further proceedings in pursuant to the notification ref. D/843/Tallarevu/0437019/2024 dated 01-01-2025 for appointment of permanent dealers in respect of Shop No. 0437019 situated at Koringa Village, Tallareveu Mandal of Kakinada Division of Kakinada District under control of 4th respondent including examination going to be held on 19-01- 2025 pending consideration of the above Writ Petition by continue the petitioners as FPS dealer as usual by supplying commodities in the interest of justice and pass Counsel for the Petitioner: 1. RAMA MURTY P V S A Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 VS,J W.P.No.1390 of 2025 The Court made the following Order: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- <… to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 4th Respondent in issuing notification ref.D/843/Tallarevu/0437019/2024 dated 01.01.2025 and paper publication dated 01.01.2025 for appointment of permanent dealers in respect of ration shop vide F.P.Shop No.0437019 situated at Korangi Village of Tallarevu Mandal of Kakinada Division and District is contrary to the G.O.Ms.No.4 dated 28.02.2014 and G.O.Ms.No.32 dated 03.12.2018 without issuing prior notice without following procedure and without following roster points contrary to G.O.Ms.77 dated 02.08.2023 as illegal, arbitrary, Capricious, colorable exercise of power, violative of principles of natural justice, contrary to the law laid down by Full Bench of this Hon’ble Court reported in M.Vanaja Vs B.Balaseshanna and others, 2007 (4) ALD 388 (FB) and order dated 17.01.2025 in W.P.No.1226 of 2025 by this Hon’ble Court apart from violation of Article 14, 16, 19 and 21 of Constitution of India and set aside the notification ref. D/843/Tallarevu/0437019/2024 dated 01.01.2025 forthwith in the interest of justice. Consequently, continue the petitioner as dealer to the FPS No.0437019 by supplying commodities as usual forthwith in the interest of justice and to pass such other order or orders ….= 2. Heard learned counsel 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, which pertains to roster points, is squarely covered by the order of this Court passed in Writ Petition No.31508 of 2024 & batch, dated 24.11.2025 and requested to pass a similar order in this writ petition also. The 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: <5. As the said roster points were prepared behind the back of the petitioners, this Court, instead of going into merits of the case, feels it appropriate to dispose of all writ petitions by directing the concerned Revenue Divisional Officer / Appointing Authority to exhibit change of 4 VS,J W.P.No.1390 of 2025 roster points by way of a notice affixed on the notice board of the jurisdictional office of the Tahsildar and as well as the Revenue Divisional Officer, which would be visible to each and every person, so as to enable the effected fair price shop dealers to raise objections, if any, before the concerned authorities within a period of fifteen (15) days from the date of exhibiting the said notice in the notice boards. After receiving the objections from the fair price shop dealers, the concerned Revenue Divisional Officer/ Appointing authority shall consider the same and pass appropriate orders within a period of two (02) weeks thereafter. Consequently, the concerned Revenue Divisional Officer/Appointing Authority shall proceed further for appointment of a permanent fair price shop dealer, by way of issuing a fresh notification. 6. In view of the same, the impugned notifications pertaining to the petitioner’s Fair Price Shop are set aside with a liberty to Revenue Divisional Officer/Appointing Authority to issue a fresh notification after following the above procedure. 7. Accordingly, these Writ Petitions are allowed.= 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 24.11.2025 passed by this Court in W.P. No. 31508 of 2024 and batch. There shall be no order as to costs. 5. Registry is directed to attach a copy of the order in Writ Petition No.31508 of 2024 & batch dated 24.11.2025, to this order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 25.11.2025 KGR