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2025 DAILYLAW 49761 (AP)

Ravada Naga Atchutha Padma v. The State of Andhra Pradesh,

WP/1018/2025 · 2025-11-18

V Sujatha

Public Interest Litigationbody2025

Judgment text

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APHC010019232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOs: 1018, 7256 and 10389 of 2025 W.P.No.1018 of 2025 Between: 1. RAVADA NAGA ATCHUTHA PADMA, W/O GOVINDA(LATE), AGED 38 YEARS, R/O P. KOTHAPALLI, PIPPALLA KOTHAPAILE, KOTAURATIA, MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH-531117. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, ANDHRA PRADESH REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CIVIL SUPPLIES SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, ANAKAPILI, ANAKAPALLI DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM, ANAKAPALLI DISTRICT 4. THE DISTRICT SUPPLY OFFICER, ANAKAPALLI DISTRICT. 5. THE TAHSILDAR, KOTAURATIA MANDAL, ANAKAPALLI DISTRICT 6. THE DEPUTY TAHSILDAR CIVIL SUPPLY, ANAKKAPALLI, ANAKAPALLI DISTRICT 7. APPALAREDDI GANGATHALLI, W/O NOT KNOWN, AGE- NOT KNOWN 0-0, PRESIDENT, SAROJINI SHG P.KOTHAPALLI, ANAKAPALLI DISTRICT 2 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 ...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, order or direction more particularly one in the nature of mandamus declaring the proceedings vide no,04/2024/LRDT/Dt.04.01,2025 issued by the 3rd respondent in utter violation of the order dt,02-12-2024 passed in W.P.No.28099 of 2024 and without due process of law as illegal, arbitrary and violation of Art. 14, 19 and 21 of the Constitution of India and violation of principles of natural justice and consequently to set aside the same and to allow the petitioner to continue as Fair Price shop dealer 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 may be pleased to suspend the impugned proceedings vide no.04/2024/LRDT/Dt.04.01.2025 issued by the 3'"'^ respondent and allow the petitioner to continue as Fair price shop dealer pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. P NANILU NAIDU Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES W.P.No.7256 of 2025 Between: 1. RAVADA NAGA ATCHUTHA PADMA, W/O GOVINDA, AGED 38 YEARS, R/O P KOTHAPALLI, KOTAURATLA, PIPPALLA KOTHAPALLE, ANAKAPALLI DISTRICT, ANDHRA PRADESH- 531117. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF CIVIL SUPPLIES, SECRETARIAT 3 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 VELAGAPUDI, GUNTUR DISTRICT ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, ANAKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 3. THE SUBCOLLECTOR, NARSIPATNEIM, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 4. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 5. THE DISTRICT CIVIL SUPPLY OFFICER, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 6. THE DEPUTY THASILDAR CIVIL SUPPLY, KOTAURATLA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 7. ABALAREDDI GANGATHALLI, W/O NOT KNOWN, AGE- NOT KNOWN 0-0, PRESIDENT, SAROJINI SHG P.KOTHAPALLI, ANAKAPALLI 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 tomay be pleased to issue a writ of mmandamus or any other appropriate writ or directions, declaring the action of 4th respondent in issuing the impugned proceedings vide its No. RC. No.04/2025/LRDT/ Dated Nil/03/2025 in removing the petitioner from her duties without considering the explanation of the petitioner dated 27/02/2025 to the show cause notice issued by the 4th respondent vide its Rec. No. 530/2024/LRDT/ Dated 22/02/2025 on that ground that the petitioner did not placed the board containing the fair price rate board in the FP Shop and also placing the Modi government flexy reflecting the schemes offered by the BJP government in the FP Shop is illegal, arbitrary, and in violation of my fundamental rights and also without adhering the orders passed by this Honhle High Court of Andhra Pradesh in W.P. 28099/2024 and Interim orders passed in lA. 1/2025 in W.P. 1018/2025 is as illegal, arbitrary, and in violation of my fundamental rights as guaranteed under Articles 14, 16, and 21 of the Constitution of India and consequentially set aside the impugned proceedings vide its No. RC. No.04/2025/LRDT/ Dated Nil/03/2025 duly directing the respondent authorities to allow the petitioner to the duties without interfere over her duties as F.P. Shop dealer vide its No. 0337029 of Pippala Kothapalli Village, 4 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 Kotauratla Mandal Anakapalli District, Andhra Pradesh except due process of law duly considering the petitioners explanation dated 27/02/2025 to the show cause notice dated 22/02/2025 issued by the 4th respondent in view of the orders passed by the Hon ble High Court of Andhra Pradesh in W.P. 28099/2024 Dated 02/12/2024 and in lA. 1/2025 in WP 1018/2025 Dated 10/01/2025 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 be pleased to set aside the impugned proceedings vide its No. RC. NO.04/2025/LRDT/ Dated Nil/03/2025 duly directing the respondent authorities to allow the petitioner to the duties without interfere over her duties as F.P. Shop dealer vide its No. 0337029 of Pippala Kothapalli Village, Kotauratla Mandal, Anakapalli District, Andhra Pradesh except due process of law duly considering the petitioner’s explanation dated 27/02/2025 to the show cause notice dated 22/02/2025 issued by the 4* respondent in view of the orders passed by the Honhle High Court of Andhra Pradesh in W.P. 28099/2024 Dated 02/12/2024 and in lA. 1/2025 in WP 1018/2025 Dated 10/01/2025 and pass such Counsel for the Petitioner: 1. P NANILU NAIDU Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES W.P.No.10389/2025 Between: 1. ABBALAREDDI GANGATHALLI, D/O- PYLA DEMUDU AGED ABOUT 45 YEARS, PRESIDENT, SAROJINI SHG, R/O.D.NO- 65-23, PIPPALLA KOTHAPALLI, KOTAURATIA MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL 5 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 SECRETARY TO GOVERNMENT, DEPARTMENT OF CIVIL SUPPLIES, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, ANAKAPALLI, ANAKAPALLI DISTRICT. ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM, ANAKAPALLI DISTRICT. ANDHRA PRADESH. 4. THE DISTRICT CIVIL SUPPLY OFFICER, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 5. THE DEPUTY THASILDAR CIVIL SUPPLY, KOTAURATIA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 6. THE THASILDAR, KOTAURATIA MANDAL, ANAKAPALLI 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 particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Authorities in interfering into the duties of the Petitioner without following due process of law is illegal. arbitrary, contrary and violation of my fundamental rights as guaranteed under Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondent authorities not to interfere over the duties of the petitioner as F.P. Shop dealer vide No. 0337029 of Pippalla Kothapalli village Kotauratia Mandal, Anakapalli District, Andhra Pradesh except due process of law 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 be pleased to direct the Respondent Authorities not to interfere over the duties of the Petitioner as F.P. Shop dealer vide no. 0337029 of Pippalla Kothapalli village, Kotauratla Mandal, Anakapalli District, Andhra Pradesh except due process of law duly directing the respondents to supply the monthly essential commodities to the petitioner and to pass Counsel for the Petitioner: 6 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 1. S MURALI MOHAN Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 7 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOs: 1018, 7256 and 10389 of 2025 COMMON ORDER: The Writ Petition No.1018 of 2025 is 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 mandamus declaring the proceedings vide no.04/2024/LRDT/Dt.04.0.,2025 issued by the 3rd respondent in utter violation of the order dt.02-12-2024 passed in W.P.No.28099 of 2024 and without due process of law as illegal, arbitrary and violation of Art. 14, 19 and 21 of the Constitution of India and violation of principles of natural justice and consequently to set aside the same and to allow the petitioner to continue as Fair Price shop dealer…= 2. The Writ Petition No.7256 of 2025 is filed under Article 226 of the Constitution of India seeking the following relief:- <….to issue a writ of mandamus or any other appropriate writ or directions, declaring the action of 4th respondent in issuing the impugned proceedings vide its No.RC.No.04/2025/LRDT/ Dated Nil/03/2025 in removing the petitioner from her duties without considering the explanation of the petitioner dated 27/02/2025 to the show cause notice issued by the 4th respondent vide its Rec. No. 530/2024/LRDT/ Dated 22/02/2025 on that ground that the petitioner did not placed the board containing the fair price rate board in the FP Shop and also placing the Modi government flexy reflecting the schemes offered by the BJP government in the FP Shop is illegal, arbitrary, and in violation of my fundamental rights and also without adhering the orders passed by this Hon’ble High Court of Andhra Pradesh in W.P.No.28099/2024 and Interim orders passed in lA.1/2025 in W.P.No.1018/2025 is as illegal, arbitrary, and in violation of my fundamental rights as guaranteed under 8 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 Articles 14, 16, and 21 of the Constitution of India and consequentially set aside the impugned proceedings vide its No. RC. No.04/2025/LRDT/ Dated Nil/03/2025 duly directing the respondent authorities to allow the petitioner to the duties without interfere over her duties as F.P. Shop dealer vide its No. 0337029 of Pippala Kothapalli Village, Kotauratla Mandal Anakapalli District, Andhra Pradesh except due process of law duly considering the petitioners explanation dated 27/02/2025 to the show cause notice dated 22/02/2025 issued by the 4th respondent in view of the orders passed by the Hon’ble High Court of Andhra Pradesh in W.P.No.28099/2024 Dated 02/12/2024 and in lA.1/2025 in WP 1018/2025 Dated 10/01/2025…= 3. The Writ Petition No.10389 of 2025 is filed under Article 226 of the Constitution of India seeking the following relief:- <….to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Authorities in interfering into the duties of the Petitioner without following due process of law is illegal, arbitrary, contrary and violation of my fundamental rights as guaranteed under Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondent authorities not to interfere over the duties of the petitioner as F.P. Shop dealer vide No.0337029 of Pippalla Kothapalli village Kotauratia Mandal, Anakapalli District, Andhra Pradesh except due process of law…= 4. Since the issue involved in all the three writ petitions is one and the same, I am of the view that it is appropriate to decide all these writ petitions by common order. 5. The petitioner in W.P.Nos.1018 and 7256 of 2025 is one and the same. The petitioner is a Secretary of Gowri Shankar Dwakra Group. After the death of the regular Fair Price Shop dealer of Pippala Kothapalli village i.e., 9 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 Mr.Lokavarapu Gangunaidu, the petitioner’s name was proposed to be appointed as a temporary Fair Price Shop dealer for Shop No.0337029. Accordingly, the 3rd respondent appointed the petitioner as a temporary Fair Price Shop Dealer on 28.01.2022. Since then, the petitioner has been supplying essential commodities to the cardholders without there being any complaint from any corner. 6. While the things stood thus, the 3rd respondent issued a show cause notice dated 18.11.2024 alleging that the petitioner is not residing in Kothapalli Village and that she has failed to distribute essential commodities to the cardholders and called for an explanation from the petitioner as to why her authorization cannot be terminated. For which, the petitioner submitted an explanation on 23.11.2024 enclosing all the material documents to prove that she is residing in Kothapalli Village. 7. The case of the petitioner is also that she has paid an amount of Rs.21,500/- on 20.11.2024 vide UTR No.APGV24325157837 for supply of essential commodities for December 2024, but in spite of the same, as the respondents have stopped supply of essential commodities to the petitioner without initiating any disciplinary proceedings either by suspending or cancelling the petitioner’s authorization, the petitioner was constrained to file W.P.No.28099 of 2024. The said writ petition was disposed of vide orders dated 02.12.2024 directing the respondents to supply the essential commodities to the petitioner on her complying the requirements for such 10 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 supply, until her appointment is suspended/cancelled by following due procedure of law. Thereafter, the petitioner submitted a representation to the respondent authorities requesting them to supply the essential commodities. On such, the petitioner came to know that the 3rd respondent has passed proceedings dated 04.01.2025 appointing one Abbalareddi Gangathalli, President of Local Sarojini (SHG) Group, as a temporary dealer to avoid disruption of ration distribution, duly alleging that the writ petition filed by the petitioner vide W.P.No.28099 of 2024 was dismissed by this Court on 02.12.2024. 8. Challenging the said appointment order of Smt A.Gangathalli, dated 04.01.2025, the petitioner is constrained to file W.P.No.1018 of 2025. When the matter came up for admission on 10.01.2025, this Court passed an interim order suspending the impugned proceedings dated 04.01.2025 till 03.02.2025. Thereafter, the interim order was extended from time to time. Pending the said writ petition, instead of supplying the essential commodities to the petitioner, the Revenue Divisional Officer passed orders dated Nil/March/2025 removing the petitioner from the duties of a temporary dealer on the ground that the petitioner has violated the Model Code of Conduct in relation to the MLC elections, without even conducting any enquiry as required under the Control Order. Challenging the said removal order dated Nil/March/2025, the petitioner was once again constrained to file W.P.No.7256 of 2025. When the said writ petition came up for admission on 28.03.2025, this Court passed the following interim order:- 11 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 <Therefore, there shall be an interim suspension of the orders dated 22.02.2025 issued by the 3rd respondent, until further orders=. 9. Subsequently, the said Smt A.Gangathalli, who was appointed on temporary basis on 04.01.2025, filed W.P.No.10389 of 2025 challenging the action of the respondent authorities in not supplying the essential commodities without even issuing any show cause notice. When the said writ petition came up for admission on 24.04.2025, considering the instructions submitted by the learned Assistant Government Pleader that the said A.Gangathalli is continuing as a Fair Price Shop dealer, this Court directed the respondents to supply the essential commodities to the said Gangammathalli. 10. Heard learned counsel for the petitioners as well as learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 11. On a perusal of these three writ petitions, it can be understood that initially the petitioner in W.P.No.1018 of 2025 i.e., Ravada naga Atchutha Padma had filed W.P.No.28099 of 2024 challenging the action of the respondents in not supplying essential commodities to her in spite of submitting an explanation in pursuance of the show cause notice issued by the Revenue Divisional Officer. The said writ petition was disposed of on 02.12.2024 directing the respondent authorities to supply essential commodities to the petitioner on her complying the requirements for such 12 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 supply, until her appoint is suspended or cancelled by following due procedure of law. 12. In pursuance of the said orders passed by this Court on 02.12.2024, the petitioner in W.P.No.28099 of 2024 submitted a representation to the respondent authorities requesting to supply essential commodities, but inspite of the same, the Revenue Divisional Officer passed orders on 04.01.2025 appointing one A.Gangathalli as a temporary dealer for the subject Fair Price Shop, alleging that the writ petition filed in W.P.No.28099 of 2024 was dismissed by this Court and as such, the said shop fell vacant even without suspending or cancelling the petitioner’s authorization. Challenging the appointment order of the said Gangathalli dated 04.01.2025, the petitioner was constrained to file W.P.No.1018 of 2025. When the said writ petition came up for admission, this Court, vide orders dated 10.01.2025, suspended the proceedings dated 04.01.2025 issued by the Revenue Divisional Officer, wherein the said Gangathalli was appointed on temporary basis. 13. Thereafter, even without supplying the essential commodities, once again a show cause notice was issued by the Revenue Divisional Officer in March 2025 calling for an explanation from the petitioner for violating the Model Code of Conduct in relation to the MLC elections. For which, the petitioner submitted an explanation on 27.02.2025, but inspite of the same, without even conducting any enquiry, the Revenue Divisional Officer has 13 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 straight away removed the petitioner vide orders dated Nil/March/2025 without assigning any reasons. Challenging the same, the petitioner was again constrained to file W.P.No.7256 of 2025. In the said writ petition also, this Court was pleased to pass an interim order on 28.03.2025 suspending the impugned proceedings dated Nil/March/2025. 14. However, suppressing all these facts, the said A.Gangathalli has filed a Writ Petition No.10389 of 2025 simply stating that though she was appointed on temporary basis on 04.01.2025, without even suspending or cancelling her authorization, the respondents have stopped supply of essential commodities. This Court, on the basis of the wrong instructions furnished by the learned Assistant Government Pleader, presumed that the said A.Gangathalli was being continued as a Fair Price Shop dealer and passed an interim order on 24.04.2025 directing the respondents to supply essential commodities to her in spite of the fact that the proceedings dated 04.01.2025 through which Gangathalli was appointed as dealer on temporary basis were suspended by this Court on 10.01.2025. 15. It establishes that the RDO with a malafide intention to continue Gangathalli as a Fair Price Shop dealer, misled this Court, due to which, an interim order was passed by this Court in W.P.No.10389 of 2025 filed by Gangathalli. When there is a specific direction from this Court in W.P.No.28099 of 2024 directing the respondents to supply essential commodities to the petitioner until and unless her authorization is suspended 14 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 or cancelled, the Revenue Divisional Officer neither initiated any disciplinary proceedings by suspending or cancelling her authorization, but straight away appointed the said A.Gangathalli vide proceedings dated 04.01.2025 by wrongly stating that W.P.No.28099 of 2024 was dismissed. However, the appointment order dated 04.01.2025 in favour of Gangathalli was once again suspended by this Court in W.P.No.1018 of 2025 on 10.01.2025. Thereafter, the Revenue Divisional Officer issued a fresh show cause notice on 22.02.2025 calling for an explanation from the petitioner for violating Model Code of Conduct in relation to MLC elections, which is nothing but a new ground to remove the petitioner from the said Fair Price Shop. Further, when the said A.Gangathalli filed W.P.No.10389 of 2025, the Revenue Divisional Officer deliberately gave wrong instructions to this Court that they were intending to implement orders passed by this Court in W.P.No.28099 of 2024 and were recommending to appoint the said A.Gangathalli, even without verifying that the said writ petition was filed by the petitioner herein. 16. All these acts would show that the Revenue Divisional Officer is behind the entire confusion, which was created only with a mala fide intention to appoint the said Gangathalli as a Fair Price Shop dealer. 17. In view of the same, the Writ Petition No.1018 of 2025 is allowed by setting aside the proceedings vide No.04/2024/LRDT/Dt.04.01.2025 issued by the Revenue Divisional Officer. Writ Petition No.7256 of 2025 is also allowed by setting aside the impugned proceedings dated Rc.04/2025.LRDT, 15 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 dated Nil/03/2025 as the same is without conducting any enquiry as required under the Control Order. 18. Accordingly, the Writ Petition No.10389 of 2025 is dismissed. In view of the same, the respondents are directed to reinstate the petitioner i.e., Ravada Naga Atchutha Padma, as a Fair Price Shop dealer on her complying the necessary requirements under the Control Order, within a one (01) week from the date of receipt of the copy of this order. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated 19.11.2025 JLV 16 VS,J W.P.Nos.1018, 7256 & 10389 of 2025 169 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOs: 1018, 7256 and 10389 of 2025 Dated 19.11.2025 JLV