APHC010537692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27876/2025 Between: 1. SRI LAKSHMI MAHILA SHAKTHI SANGAM, REP., BY YADIA SURYAKUMARI, W/O. NAGESWARA RAO, AGED ABOUT 49 YEARS, OCC F.P.SHOP DEALER, F.P.SHOP NO.0441035, R/O. D.NO.3-145/6, MAIN ROAD, TATAPUDI VILLAGE KAPLIESWARAPURAM MANDALAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 2. V.AMARAVATHAMMA, W/O V.SEETHARAMI REDDY, AGED ABOUT 59 YEARS, R/O CHINTHAPARTHIVARI PALLI, GANDLAPALLI POST, SODAM MANDAL, CHITTOOR DISTRICT-517123. 3. V.CHAKRAPANI REDDY,, S/O V.SEETHARAMI REDDY, AGED ABOUT 38 YEARS. R/O CHINTHAPARTHIVARI PALLI, GANDLAPALLI POST, SODAM MANDAL, CHITTOOR DISTRICT-517123. 4. V.RAJITHA,, D/O V.SEETHA RAMI REDDY, AGED ABOUT 37 YEARS, R/O CHINTHAPARTHIVARI PALLI, GANDLAPALLI POST, SODAM MANDAL, CHITTOOR DISTRICT-517123. 5. VCHARAN KUMAR REDDY,, S/O V.SEETHARAMI REDDY, AGED ABOUT 34 YEARS, R/O 2 VS,J W.P.NO.27876 OF 2025 CHINTHAPARTHIVARI PALLI, GANDLAPALLI POST, SODAM MANDAL, CHITTOOR DISTRICT-517123. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT AT SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, , DR.B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. 3. THE JOINT COLLECTOR, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. 4. THE REVENUE DIVISIONAL OFFICER, , RAMACHANDRAPURAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT 5. THE TAHSILDAR, KAPILESWARAPURAM 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 topleased to issue a Writ of mandamus or any other appropriate writ order to declare the action of the respondents 2 to 5 in not releasing the essential commodities and not allowing the petitioners MSS Group to run the F.P. Shop No. 0441035, Tatapudi Village, Kaplieswarapuram Mandalam, Dr.B.R.Ambedkar Konaseema District, in spite of subsisting the petitioners Group F.P. Shop appointment is illegal and arbitrary, violative of principles of natural Justice and consequently direct the respondents no. 2 to 5 to supply the commodities continuously by continuing the petitioner as F.P. Shop dealer of shop A/o.0441035, Tatapudi Village, 3 VS,J W.P.NO.27876 OF 2025 Kaplieswarapuram Mandalam, Dr.B.R.Ambedkar Konaseema District, and to 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 to direct the respondents to supply the essential commodities to the petitioner’s F.P. Shop No. 0441035, Tatapudi Village, Kaplieswarapuram Mandalam, Dr.B.R.Ambedkar Konaseema District, by continuing the Petitioner’s F.P. Shop authorization, pending disposal of the writ petition, and to 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.NO.27876 OF 2025 ORDER This writ petition is 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 to declare the action of the respondents 2 to 5 in not releasing the essential commodities and not allowing the petitioners MSS Group to run the F.P. Shop No.0441035, Tatapudi Village, Kaplieswarapuram Mandalam, Dr.B.R.Ambedkar Konaseema District, in spite of subsisting the petitioners Group F.P. Shop appointment is illegal and arbitrary, violative of principles of natural Justice and consequently direct the respondents no.2 to 5 to supply the commodities continuously by continuing the petitioner as F.P. Shop dealer of shop A/o.0441035, Tatapudi Village, Kaplieswarapuram Mandalam, Dr.B.R.Ambedkar Konaseema District,...” 2. Brief facts of the case of the petitioner is that:- a. The petitioner’s MSS Group (Sri Lakshmi Mahila Shakti Sangham) was appointed to run the fair price shop dealer for shop No.0441035 of Tatapudi Village, Kaplieswarapuram Mandalam, Dr.B.R.Ambedkar Konaseema District, by the 4th respondent on 27.12.2006. Since the date of its appointment, the petitioner’s sangham has been essential commodities to the cardholders without any complaint from any corner. 5 VS,J W.P.NO.27876 OF 2025 b. The case of the petitioner is that all group members have been collectively running the fair price shop and utilizing the income derived from it for the welfare of the group members. c. While the matter being so, basing on the complaint made by one Smt.T.Prasanthi and 81 other residents of the said village alleging that the petitioner has been working as an Aasha worker in the PHC limits of Angara since from 2006 while simultaneously conducting the fair price shop, a show cause notice was issued by the 4th respondent on 29.08.2025 calling for an explanation from the petitioner, for which the petitioner has submitted an explanation on 30.08.2025 stating that she was appointed as Aasha worker in the year 2006 and that the members of the society had decided to relieve her from the dealership of the said fair price shop. Accordingly, a resolution was passed by the members of the society on 28.05.2025 wherein one Smt.Sali Ramya w/o.Vamsi was decided to be replaced in the place of the petitioner to run the said fair price shop and as such requested the 4th respondent to accord permission to appoint one Smt.S.Ramya w/o.Vamsi in the place of the petitioner as dealer for the said fair price shop from 30.08.2025. 6 VS,J W.P.NO.27876 OF 2025 3. The grievance of the petitioner is that the petitioner alone was not appointed as fair price shop dealer but however MSS Group (Sri Lakshmi Mahila Shakti Sangham) was appointed as fair price shop dealer for the subject shop on 27.12.2006 as such terminating the petitioner or issuing a show cause notice to the petitioner does not raise. When the petitioner was to be terminated the other member of the sangham is liable to be appointed in her place. Though she has submitted an explanation regarding resolution passed by the sangham to replace one Sali Ramya in the place of the petitioner is not considered by the respondents. Challenging which, the present writ petition is filed. 4. Heard the learned counsel for the petitioner and learned Assistant Government Pleader of Civil Supplies. 5. On perusal of appointment of orders issued by the 4th respondent on 27.12.2006, it is an admitted fact that the Mandal Revenue Officer, Kapileswarapuram has reported that 6-A case has been filed against the original dealer of the fair price shop No.35 of Tatapudi village and the case is pending before the Joint Collector, East Godavari District, Kakinada, to avoid the inconvenience to the cardholders the sangham of Tatapudi village 7 VS,J W.P.NO.27876 OF 2025 was appointed as fair price ship dealer for shop No.35 of Tatapudi Village of Kapileswarapuram Mandal on temporary basis and thereafter all the members of the said sangham have been running the fair price shop and which was never disputed by the respondent authorities. However, basing on the complaint raised by the one Smt.T.Prashanti and 81 other residents of the said village on 18.02.2025 alleging that the petitioner while working as temporary fair price shop dealer and also working as an Aasha worker in the limits of PHC Angara village since 2006. In this regard, a show cause notice dated 29.08.2025 to the petitioner was issued calling for explanation for which the petitioner has submitted an explanation on 30.8.2025 duly admitting the fact that as the sangham was appointed as fair price shop dealer and as per the resolution passed by the members of the society dated 28.05.2025 resolving to appoint one Smt.Sali Ramya in the place of the petitioner as a fair price shop dealer and as no enquiry has been conducted or any action has been initiated in pursuance of the explanation submitted by the petitioner on 30.08.2025. 6. 6. Instead of going into the merits of the case, this Court feels it appropriate to dispose of the writ petition directing the 4th 8 VS,J W.P.NO.27876 OF 2025 respondent to conduct an enquiry on the explanation submitted by the petitioner by duly considering the appointment letter dated 27.12.2006 issued in the name of sangham and then pass appropriate orders in accordance with law. The entire process shall be completed within as period of four (04) weeks from the date of receipt of a copy of this order. 7. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :28.10.2025 LSP 9 VS,J W.P.NO.27876 OF 2025 203 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27876/2025 28.10.2025 LSP