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2025 DAILYLAW 52020 (AP)

P BUJJI, GUNTUR DIST v. STATE OF AP, GUNTUR DIST & 3 OTHERS

WP/36092/2017 · 2025-11-24

V Sujatha

body2025

Judgment text

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APHC010852262017 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: 36092/2017 Between: 1. P BUJJI, GUNTUR DIST, S/O.NAGAIAH, AGED 41 YEARS, GOTTIPADU VILLAGE, OCC:AGRICULTURE, PRATHIPADU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. STATE OF AP GUNTUR DIST 3 OTHERS, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, GUNTUR DISTRICT, GUNTUR, ANDHRA PRADESH. 4. THE TAHSILDAR, PRATHIPADU MANDAL, GUNTUR 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 toto issue a writ, order, or direction more particularly in the nature of writ of mandamus declaring the proceedings in Rc.No.5057/2017-B, dated 11.10.2017 of the 3rd respondent in notifying Shop No.0736035 of Gottipadu Village to ST Women is arbitrary, illegal, and colourable exercise of power, 2 VS,J W.P.No.36092 of 2017 and to quash or set aside the above said notification to an extent of reserving Shop No.0736035 of Gottipadu Village of ST Women, and to issue a consequential direction directing the 3rd respondent to fill up the vacancy of Shop No.0736035 in Gottipadu Village, Prathipadu Mandal by SC category candidate as per the proceedings Rc.No.5264/2014/G dated 20.01.2015 and to pass IA NO: 1 OF 2017(WPMP 44839 OF 2017 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 stay all further proceedings pursuant to the notification in Rc.No.5057/2017-B, dated 11.10.2017 issued by the 3rd respondent to an extent of an F.P.Shop No.0736035 of Gottipadu Village, Prathipadu Mandal and to 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 Pleased to vacate the interim order dated 30-10-2017 passed in WP no. 36092 of 2017 and dismiss the writ petition and pass Counsel for the Petitioner: 1. A RAJENDRA BABU Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) 3 VS,J W.P.No.36092 of 2017 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 a writ, order or direction more particularly in the nature of writ of mandamus declaring the proceedings in Rc.No.5057/2017-B, dated 11.10.2017 of the 3rd respondent in notifying Shop No.0736035 of Gottipadu Village to ST Women is arbitrary, illegal and colourable exercise of power, and to quash or set aside the above said notification to an extent of reserving Shop No.0736035 of Gottipadu Village of ST Women, and to issue a consequential direction directing the 3rd respondent to fill up the vacancy of Shop No.0736035 in Gottipadu Village, Prathipadu Mandal by SC category candidate as per the proceedings Rc.No.5264/2014/G dated 20.01.2015 and to pass such other order or orders ….” 2. 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 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 4 VS,J W.P.No.36092 of 2017 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.” 3. 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. 4. 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