APHC010067912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 3566/2025 Between: M Adinarayana ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. N RANGA REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following Order: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of Respondents in insisting the petitioner to tender resignation and not allowing to run the F.P.Shop No. 1257060 of Kaggallu Village, Hindupuram Mandal, Sri Sathya Sai District without there being any order of suspension or cancellation by the competent authority 2 W.P. No.3566 of 2025 by following due procedure under The Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 as illegal, arbitrary and contrary to the judgment passed by the Full Bench of this Hon’ble Court in WP No.18337 of 2024 and violative of principles of natural justice and consequently direct the Respondents to allow the petitioner to function as Fair Price Shop Dealer of F.P.Shop No. 1257060 of Kaggallu Village, Hindupuram Mandal, Sri Sathya Sai District by regularly supplying the essential commodities to the petitioner and pass…” 02. The petitioner was appointed as temporary dealer of the fair price shop No.1257060 of Kaggallu Village, Hindupuram Mandal, Sri Sathya Sai District vide proceeding in Rc.No.1815/2006/C, dated 02.12.2006. 03. The learned counsel for the petitioner submitted that the signatures of the petitioner were obtained on blank papers at the behest of the local political leaders, to terminate the dealership of the petitioner on one ground or the other. He further submitted that the commodities are not being supplied to the petitioner for distribution. 04. The learned Assistant Government Pleader for the Civil Supplies placed on record the written instructions vide RC. No.60/2025/CS, dated 10.02.2025, stating that the petitioner had resigned from the dealership due to personal health grounds as he was unable to run the fair price shop. 05. In reply, the learned counsel for the petitioner submitted that the signatures on the blank papers could be used for preparing the resignation letter. Since the petitioner has been continuing as a temporary dealer from 02.12.2006, he has been running the shop almost like a permanent dealer. 06. At this juncture, it is pertinent to record the following case. 3 W.P. No.3566 of 2025 In Chinnareddigari Sambasiva Reddy Vs State of A.P.1, the relevant part of the decision reads as follows: “Ordinarily, no fair price 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 in purporting to ratify the hasty and unauthorised 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. As respondent No.3 has not properly exercised his jurisdiction in acting on the purported resignation of the petitioner, his action culminating in acceptance/ratification of resignation of the petitioner is declared as illegal and the impugned order is, accordingly, set aside. As the petitioner is inclined to continue as the fair price shop dealer, he shall be permitted to continue as such under the authorization held by him.” 07. In view of the above decision, without following due process, under the guise of letter of resignation, the petitioner cannot be put to sufferance. Accordingly, the writ petition is disposed of directing the respondents to continue the supply of essential commodities to the petitioner in respect of fair 1 [2015 (6) ALD 359] 4 W.P. No.3566 of 2025 price shop No.1257060 of Kaggallu Village, Hindupuram Mandal, Sri Sathya Sai District, subject to the fulfillment of other conditions. There shall be no order as to costs. [ Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date: 17.02.2025 SCH 5 W.P. No.3566 of 2025 225 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 3566/2025 Date: 17.02.2025 SCH