`.``L```ts```_ iF IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR4-ffi I_I (SPECIAL OR+IGINAL JURISDICTION) ''t WEDNESDAY, THE FIFTH DAY OF MARCH \'' TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 2493 OF 2025 Between : Naggalla Devi, W/o. N.Chinnaiah, Aged about 44 years, Occ FP Shop Dealer, Shop No. 1125017 (Arundathi SHG) of Kokatam Village, Kamalapuram Mandal, YSR (Kadapa') Distr`ict R/o. D.No. 3/15, Kokatam Village, Kamalapuram, ysR (KadaPa-) Bi-§ttrict ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, consumer Affairs and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The Commissioner civil supplies, AP State Civil Supplies Corporation Ltd, D.No.10-152/1, Civil Supplies Bhavan, 3rd FIoor, Sri Sai Towers, Beside SIRIS Company, Kanuru, Vijayawada, Krishna District. 3. The District Collector, ySR (Kadapa) District at Kadapa 4. The Revenue Divisional 6ffi'cer, Kadapa, YSR (Kadapa) District. 5. The TahsI'ldar, Kamalapuram, ysR (Kadapa) District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affI-davit filed therewith, the HI'gh Court may be p`Ieased to issue a writ or order or DI'reCtiOn more Particularly one in the n'ature of writ of Mandamus declar`l'ng the action of the respondents more particularly the 4th respondent in issuing Notification vide Roc.No.C/1628/2024, dated 28.12.2024 by inviting the applications for appointment of Fair Shop Dealler of Shop No.1125017, Kokatam Village, Kamalapuram MandaI, YSR (Kadapa) Dl'strict is I-IIegal, arbitrary and violations of Articles 14,19 and 21 of th'e.Constitution of India and consequentially set `\ . aside the same and direct the-respondents to continue the petitioner as a FP 'shop Dealer of Shop No.11250-t7of Kokatam Village, Kamalapuram Mandal, `VsR (Kadapa) District as usri--:I.I -I--I i \ ..i.`.` ~{` `..' .I IANO: 1 OF2025 `.. /. +.-q:,;r=: petition under sec{ion' 15'1 of CPC is fI'Ied praying that in the circumstances stated in the a-ffi-~daivit filed in support of the petition, the High Court may be pleased to stay- of tall further proceedings of Notification vide Roc.No.C/1628/2024, dated l2`8'.i.2'.-2024 issued by the 4th respondent ih i~nviting the applications for appo.intment of Fair Shop Dealer of Shop No.' 125017, Kokatam Village, K;in~alapinram Mandal, YSR (Kadapa) District, Pencil-ng disposal of WP 2495 6f 2025, on the fI'Ie of the High Court. The Petition coming on-for hearing, upon perusing the petition and the affidavit filed in support thereof ahi'd-upon hearing the arguments of SRI SHAIK MOHAMMED ISMAIL, Ad'vo-c<at6 for the petitI'Oner, and Of GP FOR CIVIL SUPPLIES, for the Responde'rit':§,~''-`t-h6 court made the following I \ + + ORDER: ` t `J` r` I--- =- `.* .` .=t. \ The present writ petitio`n^t`i; .filed questioning the action of the 4th ..--i ` . I.espondent in issuing n`9tifiCatiOn Vide RocI Not C/1628/2024, dated 28.12.2024, by inviting applications for appointment of fair price shop dealer for Shop No.11250.17 a:¢f ,Kokatam Village, kamalapuram Mandal, YSR Kadapa District. +I. tf--~`*{.;, The case of the petiti`o`rier is that on the representation made by a •} C DWCRA Group, she wasJapbointed as a temporary fair price shop dealer if `| E ri on 29.09.2017. She has invested a huge harry amount in establishing ~ the fair price shop and hayI-ng 7 `years of experience. while so, the 4th ;respondent issued the impugned notification inviting applications for :the appointment of a dealer in:respect of his fair price shop. / 1. Learned counsel for the petitioner submI-tS that the lst respondent has issued G.O.Ms. No. 32, dated o3.12.2018, regarding the selectl-on and appointment of fair price..^shop dealers under the Andhra Pradesh +argeted public Distribution system (control) Order, 2018. clause 4 of the said G.O. addresses eligibility, which states as follows: fflv 'ELIGIBILITY:- .`t i.,:I, I Any unemployed person,a-publI-C inStitutI-OnS, S.H.Gs which are run -exclusively by women, coTOPera.live SOCietieS, Girijan Co-operatl-ve societies shall be eligible for appointment as fair prI-Ce Shop dealers. .. The applicant shall ,`be -financially sound to lift the allottec!i scheduled fommodities 'by,-, the authority without leaving any Commodities uplifted due to `fih`an6ial constraints." / 'l The petitioner is 44 years old and according to the GuideII-neS, thel petitioner should be older than 40fyears, meaning the petitioner has I I `exceeded the age limI-t. Furtha+more, clause lX discuss preference and briority and `clause IX(I-ii) sp'ecifi;; that preference shaH be given to the` =-i.....i.-+I i-... : - *` institutions identified I-n the NE's Act, 2013 such as DWCRA groups. The^ notification did no-I menti`6n ihe` date and the instructI'OnS are silent, regardllng examination itself.i Due to tlle impugned notifI-CatiOn, the![€ petitioner's livelihood is a€:-stake, and additionally, the respondents, :+ .. vyithout I-SSuing any notice, has ,straight away notI-fled the vacancy of the petitjoner's fair price shop, which js contravenes the princ]-ples of nat`ura[justice| r~ I l|? `,_ On the other hand, learned Assistant Government pleader for civil 'SupplI'eS, On Written instruction, submits that the petitioner is a .temporary dealer in respect o`f'the subject fair price shop and he has Opportunity to apply for permanent dealership. ~ .i.` to. `'` This Court in E. Aparha-Vs. State of Andhra Pradesh and others, reported in 2019 SCC OnLine''AP 229, observed that just because the dealer was appointed on a purely temporary basis through proceedings dated 30.03.2017 it does not imply that he can be terminated without proper notice. Even in cases of termination of temporary dealershI-P the procedure under clause 8(4).m`ust be followed. No separate procedure is contemplated for the tern]ihation of a temporary dealer (emphasis supplied). In view of the foregoin~g discussion, since the balance of convenience is I-n favour Of_-the PetI-tiOner, the respondents shall not Proceed further with the impugned notification until further orders. LI-St the matter after eight (8) weeks. In the meanwhile, the respondents are directed to file counters. I//TRUE COPY// L`. 1. I J9.i.*€-,i-I. r I ` `-.--+ . - r-_-- ; _SdrJi,I-K.I fr€~AAS!RA.® &CHAi¥i AS,9FiS-I-A4RgT I:{E €.S T Z?`.A R SElll-ION OFFICER \l 1. The PrI-nCiPaI Secre-tary; -,consumer Affairs and cl'v" supplI|eS-~ Department, state of Andhra pradesh, secretariat. BuI'Idings,'` velagapudi, Amaravati, Guntur DistrI'Ct, Andhra Pradesh. (by special- Messenger) \t i< 2. The commissioner civil Supplies, AP State civil supplies Corporation Ltd, D.No.10-152/1, Civil Supplies Bhavan, 3rd FIoor, SrI-Sai Towers, BesI'de SIRIS Compa_ny, .Kanuru, vI'jayaWada, Krishna Dl|strI'Ct. 3. The District collector, ysR (Kadapa) District at Kadapa 4. The Revenue Divisional,`o`ffl.cer, Kadapa, ysR (Kadapa) District. 5. The Tahsildar, Kamalapura.m, ysR (Kadapa) DjstrI'Ct. (Addressees 2 tj 5 by RPAD) 6. One cc to SRI. SHAIK MOHAMMED ISMAIL Advocate [opuc] 7. Two cos to GP FOR CIVIL SUPPLIES ,High Court ofAndhra pradesh. [OUT] 8. One'spare copy PSR \ |I` \ / _.I i `. HIGH COURT JS,J DATED : 05/03/2025 NOTE: List the matter after eight (8) weeks. ORDER WP.No.2493 of 2025 lNTERIM DIRECTION