1 VS,J W.P.Nos.41045 & 45030 of 2017 APHC010929852017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 41045/2017 Between: 1. SRI SATYANARAYANA CONSUMER COOPERATIVE STORES, REGD.NO.401,, REP.BY ITS PRESIDENT P. RAMA KUMARI, D/O.LATENARSIMHULU, HINDU, AGE 56 YEARS, R/O.KONDAKA STREET, RAJAM, SRIKAKALRN DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL, SECRETARY, COOPERATIVE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR CIVIL SUPPLIES COLLECTOR BANGLOW, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER DEPARTMENT OF CIVIL, SUPPLIES) PALAKONDA, SRIKAKULAM DISTRICT. ANDHRA PRADESH. 4. THE TAHSILDAR RAJAM MANDAL SRIKAKULAM DISTRICT ANDHRA, PRADESH. 5. SWAYAM SHAKTI SANGHAM REP BY N PARVATHI, W/ O.N. SRINIVAS RAO, DOKRASANGHAM, LACHCHIAHPETA, RAJAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): 2 VS,J W.P.Nos.41045 & 45030 of 2017 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 to issue an appropriate Writ, Order or direction ore particularly one in the name of Writ of Mandamus declaring the impunged Proceedings vide R.C.No.L.Dis.No.767/2017/CS dated 23-11- 2017 by appointing the 5th respondent on temporary basis without issuing notice to the petitioner (SSCCS) by allotting F.P. Shop Dealer No.0104285 who is not a member of SSCCS stores and converted authorization from Cooperative Stores into Individual is as illegal, improper and arbitrary and violation of Principles of natural justice and consequently set aside the impugned Proceedings vide R.C.No.L.Dis. No.767/2017/CS dated 23-11-2017 by holding the petitioner's authorization shall stands good in the interest of justice and equity IA NO: 1 OF 2017(WPMP 50951 OF 2017 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 to suspend the impugned Proceedings vide R.C.No.L.Dis.No.767/2017/CS dated 23-11-2017 by permitting the petitioner to distribute the essential commodities to the public, pending disposal of the above writ petition IA NO: 4 OF 2017 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: 1 OF 2021 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 amend the cause title as follows: Sri Satyanarayana Consumer Cooperative Stores, Regd.No.401, Rep. by its President, P. Rama Kumari, D/o. Late Narsimhulu, Hindu, aged about 56 years, R/o. Kondaka Street, Rajam, Srikakulam District. ....Petitioner. Instead of Sri Satyanarayana Consumer Cooperative Stores, Regd.No.401, Rep. by its President, Challa Jayaram, S/o. Mohan Rao, Hindu, aged about 44 years, R/o. Kondaka Street, Rajam Mandal, Srikakulam District. above Writ Petition in W.P.No. 41045 of 2017 Counsel for the Petitioner: 1. A PADMA 3 VS,J W.P.Nos.41045 & 45030 of 2017 Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. K PURUSHOTHAM 3. GP FOR CIVIL SUPPLIES WRIT PETITION NO: 45030/2017 Between: 1. SRI SAI SWAYAM SAKHTI SANGHAM, REP BY. N.PARVATHAMMA, W/O SRI N. SRINIVASA RAO, 47YRS, DOKRASANGAM, LACHCHIHPETA, RAJAM VILLAGE, AND MANDAL, SRIKAKULAM DIST. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP BY THE PRINCIPAL SECRETARY, (CO OPERATIVE DEPARTMENT), VELAGAPUDI, AMARAVATHI, GUNTURU DIST. A.P. 2. JOINT COLLECTOR, COLLECTORATE OFFICE, SRIKAKULAM, A.P. 3. REVENUE DIVISIONAL OFFICER, (CIVIL SUPPLIES), PALAKONDA, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 4. THE TAHSILDAR, RAJAM MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 5. SRI SATYANARAYANA CONSUMER COOPERATIVE STORES, REP BY THE PRESIDENT P.RAMA KUMARI, D/O LATE NARSIMHULU, HINDU, AGED 56 YEARS, KONDAKA STREET, RAJAM, SRIKAKULAM 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 toto issue a writ or order/s or Direction/s more particularly one in the nature of writ of writ of Mandamus by set aside the orders passed by the third respondent in his proceedingsno.RC.No.767/2017/C.S./dated.14-12- 2017,without issuing notice to me, without following due process of law as the 4 VS,J W.P.Nos.41045 & 45030 of 2017 same is illegal contrary to law, violation of principles of natural justice and pass IA NO: 1 OF 2017 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 to permit the petitioner to run the shop no.0104285,F.P.shop pending disposal of the writ petition and pass Counsel for the Petitioner: 1. K PURUSHOTHAM Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR CIVIL SUPPLIES 3. GP FOR COOPERATION The Court made the following: 5 VS,J W.P.Nos.41045 & 45030 of 2017 COMMON ORDER: Both these writ petitions are filed by different petitioners, but they arise out of the same issue. Hence, this Court is inclined to dispose of both these writ petitions by way of a common order taking W.P.No.41045 of 2017, which came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, Order or direction ore particularly one in the name of Writ of Mandamus declaring the impunged Proceedings vide R.C.No.L.Dis.No.767/2017/CS dated 23-11- 2017 by appointing the 5th respondent on temporary basis without issuing notice to the petitioner (SSCCS) by allotting F.P. Shop Dealer No.0104285 who is not a member of SSCCS stores and converted authorization from Cooperative Stores into Individual is as illegal, improper and arbitrary and violation of Principles of natural justice and consequently set aside the impugned Proceedings vide R.C.No.L.Dis. No.767/2017/CS dated 23-11-2017 by holding the petitioner's authorization shall stands good in the interest of justice and equity….” 2. The petitioner herein „Sri Satyanarayana Consumer Cooperative Stores‟ represented by its President P. Ramya Kumari, was established on 31.08.1942 and was issued authorization of the fair price shop No.0104285 situated at Shivalayam Veedi, Rajam, Srikakulam district by the 3rd respondent in the year 1993. Ever since, the petitioner society has been distributing essential commodities to the cardholders without there being any complaint from whomsoever concerned. 3. While the matter stood thus, on 09.11.2017, the then President of the petitioner society passed away, as such, P. Ramya Kumari, was elected as 6 VS,J W.P.Nos.41045 & 45030 of 2017 President of the petitioner society and has submitted a representation to the 1st respondent on 28.11.2017 to permit her to continue distributing essential commodities to the cardholders on behalf of the petitioner society. However, the 3rd respondent, vide proceedings dated 23.11.2017, appointed the 5th respondent herein as temporary dealer of the fair price No.0104285 situated at Shivalayam Veedi, Rajam, Srikakulam district. Aggrieved by the proceedings dated 23.11.2017 issued by the 3rd respondent and also the inaction of the 1st respondent in considering the representation dated 28.11.2017 submitted by the petitioner, the present writ petition is filed. 4. When the writ petition came up for admission on 05.12.2017, this Court has passed the following interim order: “In view of the aforesaid facts and circumstances, the 3rd respondent is directed to consider the representation of the petitioner dated 28.11.2017 and take action within a period of one week from the date of receipt of a copy of this order. Till then the impugned order shall be kept in abeyance.” 5. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 6. Admittedly, the present writ petition is filed aggrieved by the proceedings of the 3rd respondent dated 23.11.2017 in appointing the 5th respondent herein (petitioner in W.P.No.45030 of 2017 i.e. „Sri Sai Swayam Sakthi Sangam‟) as temporary fair price shop dealer of shop No.0104285 situated at Shivalayam Veedi, Rajam, Srikakulam district. Pursuant to the interim order passed by this Court on 05.12.2017, the 3rd respondent, vide 7 VS,J W.P.Nos.41045 & 45030 of 2017 proceedings dated 14.12.2017 has restored the authorization of the fair price shop No.0104285 situated at Shivalayam Veedi, Rajam, Srikakulam district in favour of the petitioner herein and has cancelled the temporary allotment of the same to the 5th respondent. Aggrieved by the same, the 5th respondent has filed W.P.No.45030 of 2017. 7. During the course of arguments, it is brought to the notice of this Court by learned Assistant Government Pleader that vide proceedings dated 27.09.2025, the 3rd respondent herein has cancelled the authorization of the petitioner i.e. „Sri Satyanarayana Central Consumer Cooperative Stores Ltd.,‟ after following the due procedure contemplated under law. Subsequently, one Smt. Tootika Triveni, President of Sri Sai Durga Self Help Group, Putchala street, Rajam village and mandal was appointed as fair price shop dealer of No.0104285 situated at Shivalayam Veedi, Rajam, Srikakulam district. 8. In view of the fact that pending the present petition, though the petitioner‟s authorization was revoked vide proceedings dated 14.12.2017, thereafter, the authorization of the petitioner was cancelled vide proceedings dated 27.09.2025 of the 3rd respondent on the ground that the petitioner committed certain irregularities, this Court is of the opinion that the cause in the writ petition would not survive for further adjudication. 9. In view of the detailed order passed in W.P.No.41045 of 2017, the cause in W.P.No.45030 of 2017 also would not survive for further adjudication. 8 VS,J W.P.Nos.41045 & 45030 of 2017 10. In view of the above, these writ petitions are closed. However, the petitioner in W.P.No.41045 of 2017 is at liberty to challenge the proceedings dated 27.09.2025 passed by the 3rd respondent. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date:27.10.2025 Gss