APHC010206152023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10713/2023 Between: 1. GINJALA PRABHA, W/O. SURYA VENKATA RAMANA, AGED ABOUT 24 YEARS, OCC. PRESIDENT OF MANIKANTA MAHILA SHAKTI SANGAM, R/O. KODAVALI VILLAGE, GOLLAPROLU MANDAL, KAKINADA (EAST GODAVARI) DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT 3. THE JOINT COLLECTOR AND APPELLATE AUTHORITY, KAKINADA, KAKINADA DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, KAKINADA, KAKINADA DISTRICT. 5. THE TAHSILDAR, GOLLAPROLU MANDAL, KAKINDA DISTRICT. 6. SMT PILLI DURGA BHAVANI, W/O. LOVA RAJU, AGED ABOUT 26 YEARS, OCC. PRESIDENT OF KEERTHANA MAHILA SHAKTI SANGAM, R/O. KODAVALI VILLAGE, GOLLAPROLU MANDAL, KAKINADA DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.No.10713 of 2023 & W.P.No.982 of 2025 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 topleased to issue a writ, order or a direction, more particularly one in the nature of writ of Mandamus declaring the action of the 4th Respondnet in issuing impugned Proceedings Vide No. D/869/2021, dated. 20.04.2023 by suspending the temporary dealership of the petitioner for FP Shop No. 20 of Kodavali Village, Gollaprolu Mandal, Kakinada District and further appointing the 5th Respondent as FP shop Dealer without conducting the enquiry as per the order of the 3rd Respondent vide. V3/CS/KKD/196/2022 dated.11.04.2023 as arbitrary. illegal, weight of evidence, unconstitutional and violative of Articles 14 and 21 of Constitution of India and also contrary to the procedure contemplated in A.P. State Targeted Public Distribution System (Control) Orders,2018 and Consequently quash the same as null and void as well as contrary to the procedure contemplated in A.P. State Public Distribution System Control Orders and pass IA NO: 1 OF 2023 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 direct the Respondents to permit the petitioner to run the Fair price Shop No. 20 of Kodavali Village, Gollaprolu Mandal, Kakinada District by duly suspending the operation of the proceedings passed by the 4th Respondnet vide Proceedings in Vide No. D/869/2021, dated. 20.04.2023 pending disposal of the writ petition before this Hon'ble Court and pass Counsel for the Petitioner: 1. RACHURI LAKSHMIKAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES WRIT PETITION NO: 982/2025 Between: 3 VS,J W.P.No.10713 of 2023 & W.P.No.982 of 2025 1. GINJALA PRABHA, W/O. SURYA VENKATA RAMANA, AGED ABOUT 25 YEARS, OCC PRESIDENT OF MANIKANTA MAHILA SHAKTI SANGAM, R/O. KODAVALI VILLAGE, GOLLAPROLU MANDAL, KAKINADA (EAST GODAVARI) DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT 3. THE JOINT COLLECTOR AND APPELLATE AUTHORITY, KAKINADA, KAKINADA DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, KAKINADA, KAKINADA DISTRICT. 5. THE TAHSILDAR, GOLLAPROLU MANDAL, KAKINDA 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 topleased to issue a Writ, order or Direction more particularly one in the nature of writ of mandamus declaring the action of the 4th Respondnet in issuing impugned notification vide Ref.D/843/Gollaprolu/0408020/2024 dated.01.01.2025 issued by the 4th Respondent inviting application for appointment of dealership for FP Shop No. 0408020 of Kodavali Village, Gollaprolu Mandal, Kakinada District without considering the petitioner's representation date.04.01.2024, in view of writ Petition No. 10713 of 2023 pending adjudication as arbitrary. illegal,weight of evidence, unconstitutional and violative of Articles 14 and 21 of Constitution of India and also contrary to the procedure contemplated in A.P. State Targeted Public Distribution System (Control) Orders,2018 and Consequently to Stay the notification and further direct the Respondents to consider the represatation dated.04.01.2025 and to pass 4 VS,J W.P.No.10713 of 2023 & W.P.No.982 of 2025 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 the notification and further direct the Respondents to consider the represatation dated.04.01.2025 forthwith pending disposal of the above writ petition and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case. Counsel for the Petitioner: 1. RACHURI LAKSHMIKAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES The Court made the following: 5 VS,J W.P.No.10713 of 2023 & W.P.No.982 of 2025 COMMON ORDER: Both the writ petitions are filed by the same petitioner challenging two consequential proceedings issued by the respondent authorities. Hence, I feel it appropriate to dispose of both the writ petitions by way of a common order. 2. W.P.No.10713 of 2023 came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ, order or a direction, more particularly one in the nature of writ of Mandamus declaring the action of the 4th Respondnet in issuing impugned Proceedings Vide No. D/869/2021, dated. 20.04.2023 by suspending the temporary dealership of the petitioner for FP Shop No. 20 of Kodavali Village, Gollaprolu Mandal, Kakinada District and further appointing the 5th Respondent as FP shop Dealer without conducting the enquiry as per the order of the 3rd Respondent vide. V3/CS/KKD/196/2022 dated.11.04.2023 as arbitrary. illegal, weight of evidence, unconstitutional and violative of Articles 14 and 21 of Constitution of India and also contrary to the procedure contemplated in A.P. State Targeted Public Distribution System (Control) Orders,2018 and Consequently quash the same as null and void as well as contrary to the procedure contemplated in A.P. State Public Distribution System Control Orders and pass….” 3. W.P.No.982 of 2025 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 one in the nature of writ of mandamus declaring the action of the 4th Respondnet in issuing impugned notification vide Ref.D/843/Gollaprolu/0408020/2024 dated.01.01.2025 issued by the 4th Respondent inviting application for appointment of dealership for FP Shop No. 0408020 of Kodavali Village, Gollaprolu Mandal, Kakinada District without considering the petitioner's representation date.04.01.2024, in view of writ Petition No. 10713 of 2023 pending adjudication as arbitrary. illegal,weight of evidence, 6 VS,J W.P.No.10713 of 2023 & W.P.No.982 of 2025 unconstitutional and violative of Articles 14 and 21 of Constitution of India and also contrary to the procedure contemplated in A.P. State Targeted Public Distribution System (Control) Orders,2018 and Consequently to Stay the notification and further direct the Respondents to consider the represatation dated.04.01.2025 and to pass….” 4. The petitioner herein is the President of ‘Manikanta Mahila Shakti Sangam’ and was appointed as a fair price shop dealer of shop No.20 of Kodavali village, Gollaprolu mandal, Kakinada district on temporary basis by the 4th respondent vide proceedings dated 29.10.2021, in the place of the 6th respondent. Ever since, the petitioner’s group has been distributing essential commodities to the cardholders without there being any complaint from whomsoever concerned. 5. While the matter stood thus, the 6th respondent, challenging the proceedings dated 29.10.2021, approached this Court by filing W.P.No.26154 of 2021, wherein this Court directed the 6th respondent to approach the appellate authority as per the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 by way of an appeal. Accordingly, the 6th respondent preferred an appeal before the 3rd respondent, wherein the 3rd respondent passed an order on 11.04.2023 directing the 4th respondent herein to take necessary action for appointing a dealer for the subject fair price shop. Thereafter, the 4th respondent, vide proceedings dated 20.04.2023, suspended the petitioner’s temporary fair price shop authorization 7 VS,J W.P.No.10713 of 2023 & W.P.No.982 of 2025 basing on a complaint submitted by Sarpanch and 98 others of Kodavali village, Gollaprolu mandal on 15.04.2023 and re-appointed the 6th respondent herein as fair price shop dealer of the subject fair price shop. Aggrieved by the action of the 4th respondent in suspending the petitioner’s authorization vide proceedings dated 20.04.2023, without conducting any enquiry, the petitioner filed W.P.No.10713 of 2023. 6. Pending the aforesaid writ petition, the 4th respondent, vide notification dated 01.01.2025, called for applications from eligible candidates for filling up the post of fair price shop dealer of shop No.20 of Kodavali village, Gollaprolu mandal, on permanent basis. Aggrieved by the action of 4th respondent in issuing the said notification dated 01.01.2025, pending adjudication of W.P.No.10713 of 2023, the petitioner filed W.P.No.982 of 2025. 7. Heard Sri. Rachuri Lakshmikar, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 8. Today, when the writ petitions came up for hearing, learned counsel for the petitioner reiterated the entire facts as stated above and has further submitted that the petitioner, pursuant to the notification dated 01.01.2025, has submitted an application for appointment as a permanent fair price shop dealer of the subject shop and that the results of the said selection process are not yet announced. As such, learned counsel for the petitioner requested to pass appropriate orders in these petitions. 8 VS,J W.P.No.10713 of 2023 & W.P.No.982 of 2025 9. On the other hand, learned Assistant Government Pleader stated that oral instructions were given to the concerned appointing authorities not to proceed further pursuant to the notification dated 01.01.2025, pending these petitions. Hence, no subsequent action was initiated by the respondent authorities pursuant to the notification dated 01.01.2025. 10. In view of the fact that the petitioner has participated in the selection process for the post of fair price shop dealer of Kodavali village, Gollaprollu mandal, Kakinada district pursuant to the notification dated 01.01.2025 and as no further steps were initiated by the respondent authorities thereupon, the respondent authorities are directed to proceed further in pursuance of the notification dated 01.01.2025 and to complete the selection process as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. 11. In view of the above discussion, W.P.No.982 of 2025 is disposed of and as the petitioner has already participated in the selection process for the post of fair price shop dealer pursuant to the notification dated 01.01.2025, W.P.No.10713 of 2023 is closed. There shall be no order as to costs. Consequently, pending Miscellaneous Petitions, if any, shall stand closed. ____________________ JUSTICE V.SUJATHA 18.11.2025 Gss