APHC010018122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1043/2025 Between: 1. S RAZIA SULTHANA, W/O V.MOHAMMAD RAIL, AGED ABOUT 22 YEARS, OCC F.P. SHOP DEALER, SHOP NO. 1146008, RESIDENT OF D.NO.27/8, SIDDAREDDIGARIPALLI VILLAGE, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES (CS-I) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR CS, ANNAMAYYA DISTRICT AT RAYACHOTY. 3. THE SUB COLLECTOR / REVENUE DIVISIONAL OFFICER, RAJAMPET, ANNAMAYYA DISTRICT. THE TAHSILDAR, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. 4. THE TAHSILDAR, T.SUNDUPALLI MANDAL, 2 VS,J W.P.NO.1043 OF 2025 ANNAMAYYA DISTRICT. 5. SRI SYED ABDUL RAHEEM, S/O SALAM SYED, AGED ABOUT NOT KNOWN, RESIDENT OF D.NO.27/22, CHEEKATIPALLI H/O SIDDAREDDIGARIPALLI VILLAGE, T.SUNDUPALLI MANDAL, ANNAMAYYA 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 m the nature of Writ of Mandamus one respondents 3 and 4 in appointing the 5tii respondent as Fair Price Shop Dealer for Shop No. 1146008, situated m Siddareddigaripalli Village, T.Sundupalli Mandal, Annamayya District is illegal, arbitrary, unconstitutional and violation of the conditions as prescribed m the illegal, arbitrary, unconstitutional and violation of the conditions as prescribed in the Notification vide Ref.No.C2/1785/2024, dated 07-12-2024 of the 3rd respondent and consequently direct the respondents to continue the petitioner as Fair price shop Dealer for Shop No. 1146008, situated in Siddareddigaripalli Village, T.Sundupalli Mandal, Annamayya District by supplying the essential commodities to the petitioner shop and 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 IA NO: 2 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 grant leave for filing counter affidavit in the Writ Petition No. 1043 of 2025 and to pass 3 VS,J W.P.NO.1043 OF 2025 IA NO: 3 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 grant leave to the Respondent No.3 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner: 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2. SARANU PHANI TEJA The Court made the following: 4 VS,J W.P.NO.1043 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents 3 and 4 in appointing the 5th respondent as Fair Price Shop Dealer for Shop No. 1146008, situated at Siddareddigaripalli Village, T.Sundupalli Mandal, Annamayya District is illegal, arbitrary, unconstitutional and violation of the conditions as prescribed in the illegal, arbitrary, unconstitutional and violation of the conditions as prescribed in the Notification vide Ref.No.C2/1785/2024, dated 07-12-2024 of the 3rd respondent and consequently direct the respondents to continue the petitioner as Fair price shop Dealer for Shop No. 1146008, situated in Siddareddigaripalli Village, T.Sundupalli Mandal, Annamayya District by supplying the essential commodities to the petitioner shop...”(IN VERBATIM) 2. The petitioner herein is a temporary dealer appointed for shop No.1146008 of Siddareddipalli village, T.Sundupalli Mandal, in the year 2024. 3. The present writ petition is filed challenging the impugned notification vide Ref.No.C2/1785/2024, dated 07.12.2024, issued by the 3rd respondent, on the ground that the notification was issued for appointment of a fair price shop dealer for the subject shop from the category of EWS, and that the respondents have appointed the 5th respondent, who belongs to OC category but not EWS. 5 VS,J W.P.NO.1043 OF 2025 4. The 3rd respondent has filed a detailed counter, duly stated as follows:- “that the EWS category means Economically weaker sections, which is issued to individuals who meet the following criteria:- a . Income:- Family’s annual income must be less than 8 lakh. b. Category:-Must belong to the general category and not be covered by the reservation schemes for SC, ST or OBC. c. Land: should not own more than 5 acres of agricultural land. d. Residential Property:-Family’s residential plot should not be more than 100 square yards in a municipality, or 240 square yards in a non-municipality. e. Residential flat:- If owns a residential flat, the carpet area should be less than 1000 square feet. Further submitted that as per Memo No.1791658- 2107/BCW/F/2023, dated 09.01.2023, Backward Classes Welfare (F) Department, Government of Andhra Pradesh. “If the EWS certificate is sought for State Government purpose, then the BC castes/communities figuring in the State BC list will become ineligible to get EWS certificate along with those communities found in the lists of Scheduled castes and Schedule Tribes. Only those castes/communities which are not mentioned in SC List/ST List/State BC List alone are entitled to benefit under EWS category.” 5. Along with the counter, they have also filed a memo dated 09.01.2023, as per which, if an EWS certificate is filed along with an application, the concerned person shall be entitled for the benefit under EWS category. Since the 5th respondent has filed the relevant documents to prove that he comes under the 6 VS,J W.P.NO.1043 OF 2025 category of EWS, the respondents have considered his case of the 5th respondent and appointed him as a permanent dealer for the subject fair price shop. In view of the same, this Court does not find any merit in this Case. 6. Accordingly, the writ petition is dismissed. No costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :05.11.2025 LSP 7 VS,J W.P.NO.1043 OF 2025 270 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1043/2025 05.11.2025 LSP