IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4630 OF 2025 Between: Dasari Nagamani, W/o. K. Venkatappaiah, Aged about 38 years, R/o. D. No. 19-983/a Fair Price Shop no. 0791079, Rasool peta, Piduguralla, Guntur Now Palnadu 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, Gurazala, Palanadu District (Guntur). 3. The Tahsildar, Piduguralla Mandal, Palanadu District (Guntur). ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in may the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ of Mandamus or any other appropriate Writ of Order or Direction declaring the action of the 2 nd and 3'^'^ respondents in forcibly taking resignation from the petitioner Fair Price Shop. No^791079 of Rasool peta, Piduguralla Mandal, Palanadu District (Guntur) is illegal, arbitrary and violation of Article 14, 19 and 21, consequently (direct the 2 and 3^^ respondent to withdraw the resignation of the petitioner by directing 2""^ and 3'^^ respondent to supply the stock to the petitioner Fair Price nd Shop. No. 0791079 of Rasool peta, Piduguralla Mandal, Palanadu District (Guntur). lA 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 direct the 2^"^ and 3'^^ respondent to withdraw the resignation of the petitioner by directing 2""^ and 3'"^ respondent to supply the stock to the petitioner Fair Price Shop. No. 0791079 of Rasool peta, Pidugurall^ Mandal, Palanadu District (Guntur) pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K. SRINIVAS Counsel for the Respondent Nos.1 to 3: GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010086522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4630/2025 Between: Dasari Nagamani ...PETITIONER AND The State Of AP and Others Counsel for the Petitioner: 1.K SRI NIVAS Counsel for the Respondent{S): 1.GP FOR CIVIL SUPPLIES The Court made the following: ...RESPONDENT(S) ORDER This Writ Petition under Article 226 of Constitution of India is filed for the following relief; issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the 2""^ and 3^^* respondents in forcibly taking resignation from the petitioner fair price shop No.0791079 of Rasool peta, Piduguralla Mandal, Palanadu District,(Guntur) is illegal, arbitrary and violation of or 2 BSB,J W.P.No.4630 of 2025 nd rd Article 14, 19 and 21 consequently direct the 2 respondent to withdraw the resignation of the petitioner by directing 2^^ and 3'"'^ respondent to supply the stock to the petitioner fair price shop No.0791079 of Rasool peta, Piduguralla Manda, Palanadu District( Guntur) and pass such order....” and 3 The case of the petitioner is briefly as follows: The petitioner is a dealer of fair price shop no.0791079 of Rasool peta, Piduguralla mandal, Guntur now Palnadu district. Under the influence of the local political leaders, the 2"^^ and the 3'”'^ respondents forcefully obtained a leave letter from the petitioner on 19.09.2024 as though the petitioner was suffering from ill-health. Thereafter the petitioner is not allowed to supply the stock. Hence, this writ petition was filed. 2. 3. The learned Assistant Government Pleader placed on record the written instructions of Revenue Divisional Officer, Gurazala, vide reference no.Rc.No.259 of 2025-A, dated 19.02.2025 “ Furthermore the petitioner did not submit a resignation as she claimed in the affidavit. The leave request was duly considered, and in the interest of ensuring uninterrupted public service, the Tahsildar of Piduguralla initiated temporary arrangements through Rc.No.389/2024-DT, dated 24.10.2024. Consequently, Smt.Bijjili Mariyamma, wife of Achayya and a member of the Sri Srinivasa Mahila Podupu Group in Piduguralla village, was appointed to handle the distribution of essential commodities from November 2024 onwards”. 3 BSB,J W.P.No.4630 of 2025 Therefore, he submitted that the petitioner failed to raise her objection immediately after the letter, but this petition was filed after alternative arrangements had been made. He further submitted that as per clause XII (x) of the G.O.Ms.No.32 CA, FC &S, dated 03.12.2018, a leave letter seeking for leave beyond two months shall be treated as resignation and the appointing authority shall issue notification for selection and appointment a dealer for the fair price shop. The learned counsel for the petitioner submitted that the alleged letter of leave was addressed to Tahsildar and not to the appointing authority ie.. Revenue Divisional Officer and it would show how hurriedly, the leave letter was obtained. He further submitted that, if the leave letter is duly submitted. Clause XII (x) would apply, but not to the case of the present type. In view of Clause XII (x), as the letter of the petitioner results in treating it as resignation, the appointing authority shall take all due care before acting upon it. In this regard it is pertinent to mention the decision of this High Court in Chinnareddgari Sambasiva Reddy Vs State of A.P. [2015 (6) ALD 359] that a reasonable opportunity shall be given to the dealer to show whether the resignation is voluntary not, since there is possibility of securing such letter under pressure. The relevant part of the decision reads as below: 4. 5. or -.7 V 4 BSB,J W.P.No.4630 of2025 “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.” Since the arrangement made for distribution of the commodities is interim measure, such action is subject to the legality of the action challenged and it would follow the result in the writ petition. 6. 7. In the result, the writ petition is disposed directing the respondent authorities to ignore the leave letter dated 19.09.2024 and continue the petitioner as dealer as usual. 5 B5B,J W.P.No.4630 of2025 A. There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/-K.TATA RAG DEPUTY REGISTRAR //TRUE COPY// OFFICER To, 1. The Principal Secretary, Consumer Affairs and Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Revenue Divisional Officer, Gurazala, Palanadu District (Guntur). 3. The Tahsildar, Piduguralla Mandal, Palanadu District (Guntur). 4. One CC to Sri K. Srinivas, Advocate [OPUC] 5. Two'CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb HIGH COURT DATED:24/02/2025 r: ORDER X 2 0 MAR 2025 lO^ . Current section ^ PfSPATC\^^ e#, WP.No.4630 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS