Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 56795 (AP)

Smt. Sighakollapu Sri Devi, v. .The State of Andhra Pradesh

WP/2412/2025 · 2025-11-24

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010043612025 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: 2412/2025 Between: 1. SMT. SIGHAKOLLAPU SRI DEVI,, W/O. SRINIVAS, AGED ABOUT 40 YEARS, F.PSHOP DEALER, F.P.SHOP NO.0481026, LALITHA NAGAR, RAJAMAHENDRAVARAM URBAN MANDAL, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS EX-OFFICIO SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR CIVIL SUPPLIES, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 3. SUBCOLLECTOR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4. THE TAHASILDAR, RAJAMAHENDRAVARAM URBAN MANDAL RAJAMAHENDRAVARAM, EAST GODAVARI 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 pass an order or orders or a directions in the nature of a WRIT OF MANDAMUS the proceedings issued by the 3rd Respondent Vide Ref/D. 1753/Rajamahendravaram Urban/0481026/2024, dated 28.12.2024 to the 2 VS,J W.P. No. 2412 of 2025 extent of notifying the Fair Price Shop No. Ref/D. 1753/Rajamahendravaram Urban/0481026/2024, dated 28.12.2024, as vacant for the appointment of permanent dealers pending consideration of my case for appointment on compassionate grounds as wholly illegal, arbitrary, unjust, contrary to principles of natural justice, G.O.Ms.No.4 CA Fand CS (CS-I) dated 28.02.2014, GO.Ms 33 CA Fand CS (CS-I) dated 19.12.2018, besides being violative of the petitioners rights guaranteed under Article 14 and 16 of the Constitution of India and consequently set aside the same the extent of the fair price shop No. Ref/D. 1753/Rajamahendravaram Urban/0481026/2024, dated 28.12.2024 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 may be pleased direct the respondents to continue me as fair price shop dealer to the shop number Ref/D. 1753/Rajamahendravaram Urban/0481026/2024, dated 28.12.2024, by staying the proceedings vide Ref/D. 1753/Rajamahendravaram Urban/0481026/2024, dated 28.12.2024 issued by the 3'’'^ Respondent to the extent of the shop number 0481026 and pass 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 may be pleased direct the respondents to not pronounce the results pertain to the shop number Ref/D. 1753/Rajamahendravaram Urban/0481026/2024, dated 28.12.2024, which was examination conducted on 19.01.2025, and pass Counsel for the Petitioner: 1. RAJU GUBBALA Counsel for the Respondent(S): 1. RAJU GUBBALA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P. No. 2412 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to pass an order or orders or a directions in the nature of a WRIT OF MANDAMUS the proceedings issued by the 3rd Respondent Vide Ref/D. 1753/Rajamahendravaram Urban/0481026/2024, dated 28.12.2024 to the extent of notifying the Fair Price Shop No. Ref/D. 1753/Rajamahendravaram Urban/0481026/2024, dated 28.12.2024, as vacant for the appointment of permanent dealers pending consideration of my case for appointment on compassionate grounds as wholly illegal, arbitrary, unjust, contrary to principles of natural justice, G.O.Ms.No.4 CA Fand CS (CS-I) dated 28.02.2014, GO.Ms 33 CA Fand CS (CS-I) dated 19.12.2018, besides being violative of the petitioners rights guaranteed under Article 14 and 16 of the Constitution of India and consequently set aside the same the extent of the fair price shop No. Ref/D. 1753/Rajamahendravaram Urban/0481026/2024, dated 28.12.2024….” 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 has been reserved and also with regard to the preference to be given to the 4 VS,J W.P. No. 2412 of 2025 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