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2025 DAILYLAW 53502 (AP)

MUKUNDA MAHILA SAKTHI SANGAM v. THE STATE OF AP

WP/1282/2025 · 2025-11-24

V Sujatha

body2025

Judgment text

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APHC010025502025 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: 1282/2025 Between: 1. MUKUNDA MAHILA SAKTHI SANGAM, REP., BY PRESIDENT SMT., CHILUVURI PURNIMA, AGED ABOUT 34 YEARS,F.P.SHOP NO.0443003 ATREYAPURAM VILLAGE (M). DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 2. SRI NAGA LAKSHMI MAHILA SAKTHI SANGAM,, REP., BY PRESIDENT SMT., I. KANAKA DURGA, AGED ABOUT 40 YEARS, F.P.SHOP NO.0443026 ATREYAPURAM VILLAGE (M). DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 3. SRI RAMYA MAHILA SAKTHI SANGAM,, REP., BY PRESIDENT SMT., UNDRU RAMALAKSHMI, AGED ABOUT 34YEARS, F.P.SHOP NO.0443022, RYALI VILLAGE, ATREYAPURAM MANDALAM. DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 4. SRI INDIRA GANDHI MAHILA SAKTHI SANGAM,, REP., BY PRESIDENT SMT., NARUKULA MANI, AGED ABOUT 32 YEARS, F.P.SHOP NO.0443021 RYALI VILLAGE, ATREYAPURAM MANDALAM. DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 5. SRI SADANA MAHILA SAKTHI SANGAM,, REP., BY MEMBER SMT, BANDELA LAKSHMIDEVI, AGED ABOUT 38 YEARS, F.P.SHOP NO.0443020 RYALI VILLAGE, ATREYAPURAM MANDALAM. DR.B.R.AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER(S) 2 VS,J W.P.No1282 of 2025 AND 1. THE STATE OF AP, REP. BY ITS EX-OFFICIO SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AP STATE, CIVIL SUPPLIES CORPORATION LTD, D.NO. 10-152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDE SIRIS COMPANY, ASHOK NAGAR, BANDAR ROAD, KANURU, VIJAYAWADA - 520007. 3. THE DISTRICT COLLECTOR CIVIL SUPPLIES, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER CS, KOTHAPETA DIVISION, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 5. THE TAHASILDAR, ATREYAPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA 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 to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the 4th respondent in issuing proceedings all even dated 03.01.2025 vide proceedings Ref. D.CS/Atreyapuram/26/2025 Ref.D.CS/Atreyapuram/34/2025 Ref.D.CS/Atreyapuram/32/2025, Ref.D.CS/Atreyapuram/31/2025, Ref.D.CS/Atreyapuram/30/2025 without consider the requests of the petitioners to continue of their Fair Shops bearing F.P. Shop No. 0443003, Atreyapuram Village (M)., F.P. Shop No. 0443026, Atreyapuram Village (M), F.P. Shop No. 0443022, Ryali Village, Atreyapuram Mandalam., F.P. Shop No. 0443020, Atreyapuram Village (M) F.P. Shop No. 0443021, and inviting applications for appointing permanent Fair Price Shop Dealers as wholly illegal, arbitrary, unconstitutional and contrary to the Go. Ms. No. 32 dated 03.12.2018, besides being violative of petitioners rights guaranteed under Article 14 and, 19(1)(g) and 21 of the Constitution of India and pass 3 VS,J W.P.No1282 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 suspend the proceedings (Notification) issued by 4th respondent in issuing proceedings all even dated 03.01.2025 vide proceedings (Notification) Ref.D.CS/Atreyapuram/26/2025, Ref.D.CS/Atreyapuram/34/2025 Ref.D.CS/Atreyapuram/32/2025,Ref.D.CS/Atreyapuram/31/2025.Ref. D.CS/Atreyapuram/30/2025 the requests of the petitioners to stop the permanent appointment process of their Fair Shops bearing F.P. Shop No. No. 0443003, Atreyapuram Village (M)., F.P. Shop No. 0443026, Atreyapuram Village (M), F.P. Shop No. 0443022, Ryali Village, Atreyapuram Mandalam., F.P. Shop No. 0443020, Atreyapuram Village (M), F.P. Shop No. 0443021, Ryali Village, Atreyapuram Mandalam, pertaining to the Petitioners Fair Price Shops and pass Counsel for the Petitioner(S): 1. RAJU GUBBALA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 4 VS,J W.P.No1282 of 2025 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 of Mandamus or any other appropriate Writ Order or direction declaring the action of the 4th respondent in issuing proceedings all even dated 03.01.2025 vide proceedings Ref. D.CS/Atreyapuram/26/2025 Ref.D.CS/Atreyapuram/34/2025 Ref.D.CS/Atreyapuram/32/2025, Ref.D.CS/Atreyapuram/31/2025, Ref.D.CS/Atreyapuram/30/2025 without consider the requests of the petitioners to continue of their Fair Shops bearing F.P. Shop No. 0443003, Atreyapuram Village (M)., F.P. Shop No. 0443026, Atreyapuram Village (M), F.P. Shop No. 0443022, Ryali Village, Atreyapuram Mandalam., F.P. Shop No. 0443020, Atreyapuram Village (M) F.P. Shop No. 0443021, and inviting applications for appointing permanent Fair Price Shop Dealers as wholly illegal, arbitrary, unconstitutional and contrary to the Go. Ms. No. 32 dated 03.12.2018, besides being violative of petitioners rights guaranteed under Article 14 and, 19(1)(g) and 21 of the Constitution of India….” 2. Heard learned 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, is squarely covered by the common order of this Court passed in Writ Petition No.31505 of 2024 and batch, dated 17.11.2025 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: “13. It has come to the notice of this Court that several writ petitions have been filed challenging the notifications and the said notifications have been stayed by this Court only on the ground that there is no specification in the said notifications with regard to the category to which the Fair Price Shop 5 VS,J W.P.No1282 of 2025 has been reserved and also with regard to the preference to be given to the DWCRA group members who fall under Clause IX (iii) of G.O.Ms.No.32 dated 03.12.2018 and the subsequent circular instructions dated 15.09.2024. In view of the stay granted by this Court, the respondents are unable to make permanent appointments to the subject Fair Price Shops and the shops are being continued by temporary Fair Price Shop dealers. 14. In view of the same, this Court feels it appropriate to direct the respondents to specify in the notification, the category to which the fair price shop is being reserved and that the applications submitted by the DWCRA group members, who fall under Clause IX (iii) of G.O.Ms.No.32 dated 03.12.2018 and the subsequent circular instructions dated 15.09.2024 shall be received subject to fulfillment of roster point, age and educational qualifications as per the notification. 15. With the above observations, these Writ Petitions are allowed setting aside the impugned notifications pertaining to the petitioners Fair Price Shops with a liberty to the respondents to issue fresh notification in accordance with the above directions. There shall be no order as to costs.” 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 17.11.2025 passed by this Court in W.P. No. 31505 of 2024 and batch. There shall be no order as to costs. 5. Registry is directed to attach the copy of the common order dated 17.11.2025 passed by this Court in W.P. No. 31505 of 2024 and batch to this order. Miscellaneous applications pending, if any, shall stand closed in consequence. __________________ JUSTICE V.SUJATHA Dated: 25.11.2025 KGR