APHC010248782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13712/2025 Between: 1. SRI SRINIVASA DWAKRA GROUP, REP. BY T. RATHANAMMA, W/O.T. MUNIRAJA, AGED ABOUT 60, YEARS, OCC. FAIR SHOP DEALER F.P. SHOP NO.1038013, R/O. D.NO. CHARALA, CHOWDEPALLI MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS CIVIL SUPPLIES DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, PALAMANERU DIVISION, CHITTOOR DISTRICT. 3. THE TAHSILDAR, CHOWDEPALLI MANDAL, CHITTOOR 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 respondents 2nd 3rd in not supplying the essential commodities to the petitioner fair price shop No. 1038013 situated at Charala Village, Chowdepalli Mandal, Chittoor District without there being any suspension or cancellation of appointment is illegal, arbitrary and violation of principles of natural justice consequently direct the 2nd and 3rd 2 VS,J W.P.No.13712 of 2025 respondents to supply the essential commodities to the petitioner Fair Price Shop No. 1038013 situated at Charala Village, Chowdepalli Mandal, Chittoor District by enabling him to supply to the card holders 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 pleased direct the 2nd and 3rd respondents to supply the essential commodities to the petitioner Fair Price Shop No. 1038013 situated at Charala Village, Chowdepalli Mandal, Chittoor District by enabling him to supply to the card holders pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.13712 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 respondents 2nd and 3rd in not supplying the essential commodities to the petitioner fair price shop No. 1038013 situated at Charala Village, Chowdepalli Mandal, Chittoor District without there being any suspension or cancellation of appointment is illegal, arbitrary and violation of principles of natural justice consequently direct the 2nd and 3rd respondents to supply the essential commodities to the petitioner Fair Price Shop No.1038013 situated at Charala Village, Chowdepalli Mandal, Chittoor District by enabling him to supply to the card holders ….” 2. The grievance of the petitioner is that she was appointed as a Fair Price Shop Dealer for Shop No.1038013 situated at Charala Village, Chowdepalli Mandal, Chittoor District. The petitioner has been discharging her duties without any complaint or adverse remarks from any quarter. 3. While so, due to alleged political pressure, the 3rd respondent discontinued the supply of essential commodities to the petitioner’s Fair Price Shop from June 2024, without there being any order of suspension or cancellation of the petitioner’s dealership. As such, the petitioner submitted a representation dated 16.04.2025 to the District Collector, bringing the above facts to his notice. However, no action has been taken by the respondents to restore the supply of essential commodities to the petitioner. Challenging the said action of the respondents, the petitioner filed the present writ petition. 4 VS,J W.P.No.13712 of 2025 4. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 5. Today, when the writ petition came up for hearing, learned Assistant Government Pleader for Civil Supplies has furnished a copy of instructions of the Tahsildar, Chowdepalli Mandal, Chittoor District vide Roc.B/80/2025, dated 16.05.2025, duly enclosing a copy of the resignation allegedly submitted by the petitioner on 22.07.2024. It is stated in the said instructions that the petitioner has not renewed her authorization thereafter and is not willing to continue as dealer of the subject Fair Price Shop. 6. However, it is also an admitted fact that, pursuant to the alleged resignation furnished by the petitioner on 22.07.2024, no enquiry whatsoever has been conducted by the respondents as required under law. 7. In that regard, this Court, in Chinnareddigari Sambasiva Reddy, S/o Ramaswamy vs. State of A.P. and others decided by the High Court of Telangana and Andhra Pradesh (At Hyderabad) 1, categorically held as follows: “ 10. The Andhra Pradesh State Public Distribution System (Control) Order, 2008 does not contain any specific provision for acceptance of resignations of the fair price shop dealers. 11. However, the Form of Authorization (form-II) contains Clause-17 which reads as under: 1 2014 LawSuit(Hyd) 740 5 VS,J W.P.No.13712 of 2025 The holder of this authorization shall work for a minimum period of five years unless suspended or cancelled by competent authority. Resignations etc., seeking to leave the dealership shall not be accepted within this minimum period of five years. 16. Ordinarily, no fair price shop dealer would like to quit his assignment. If such extra-ordinary desire is expressed by any dealer, it is incumbent upon the appointing authority to put the dealer on notice before accepting the resignation as, foul play by vested interests cannot be ruled out. Therefore, I cannot appreciate the action of respondent No.3 I purporting to ratify the hasty and unauthorized action of respondent No.4 without even trying to get the confirmation from the petitioner as to whether he has sent his resignation out of his free will or the same is secured by any vested interests by force. the failure of respondent No.3 to make an enquiry in this regard by issuing notice to the petitioner vitiates the entire action of respondent Nos.3 and 4 in easing out the petitioner from the fair price shop dealership.” 8. In view of the above legal position and in view of the admitted fact that no enquiry has been conducted by the respondents pursuant to the alleged resignation submitted by the petitioner, this Court is of the considered opinion that the action of the respondents in discontinuing the supply of essential commodities, without conducting any enquiry or passing any order in accordance with law, is arbitrary and unsustainable. 9. Accordingly, the respondents are directed to conduct a detailed enquiry, after issuing due notice to the petitioner and affording her an opportunity of hearing, with regard to the alleged resignation and the continuation of the Fair 6 VS,J W.P.No.13712 of 2025 Price Shop dealership, and thereafter pass appropriate orders strictly in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. 10. With the above directions, the Writ Petition is disposed of. No order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed __________________ JUSTICE V.SUJATHA Dated: 09.12.2025 KGR