IN THE HIGH COURT OF ANDHRA PRADESH:lAMARAVATI (Special Original Jurisdiction) THURSDAY. THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5274 OF 2025 Between: Shaik Gowsiya Bee, W/o Sk.Abdul Sattar, aged about 57 years, Fair Price Shop Deelar, FP Shop No.0707001, President of Madipadu Village and Post, Achampeta Mandal, Palnadu District, Andhra Pradesh-522409. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Department of Civil Supplies Department, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, at Narsaraopeta, Palnadu District, AP. 3. The Joint Collector, at Narsaraopeta, Palnadu District, AP. 4. The Revenue Divisional Officer, at Sattenapalli, Palnadu District. AP. 5. The Tahsildar, of Achampeta Mandal, Palnadu District, AP. ...RESPONDENTS 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 issue a writ or order or direction more particularly one in the nature of writ of mandamus to declare the action of the respondents, more particularly, the 3rd respondent/JC in not supplying essential commodities to the petitioner's Fair Shop No.0707001 and trying to appoint third party as Fair Shop Dealer for the present petitioner Fair Shop No.0707001 of Madipadu Village, Achampeta Mandal, Palnadu District, Andhra Pradesh, without issuance of any show cause notice to the petitioner as illegal, arbitrary and principles of natural justice and also oppose to Article H 14, 19 and 21 of the constitution of India and against the provisions of AP. Fair Price Shop Dealers Rules and consequently direct the 3rd respondent/JC to supply the essential commodities to the petitioners Fair Shop No. 0707001 of Madipadu Village, Achampeta Mandal, Palnadu District, Andhra Pradesh. 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 to direct the 3rd respondent/JC to supply the essential commodities to the petitioners Fair Shop No. 0707001 of Madipadu Viiiage, Achampeta Mandal, Palnadu District, Andhra Pradesh pending disposal of the above writ petition. Counsel for the Petitioner(s): SRI RAJA SEKHAR SYKAM Counsel for the Respondent No.1: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.2 to 5: GP FOR REVENUE DEPARTMENT The Court made the following: ORDER APHC010102702025 IN THE HIGH COURT OF ANOHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5274/2025 Between: ...PETITIONER Shaik Gowsiya Bee AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.RAJASEKHAR SYKAM Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR CIVIL SUPPLIES The Court made the following: ORDER: The case of the petitioner is that the petitioner was appointed as Fair Price Shop Dealer on 31.03.1994. While so, on 01.02.2025, the Village Revenue Officer, Madipadu has approached the petitioner’s shop and insisted for her resignation, when she refused to resign, the said VRO obtained her signature high handedly on a blank white paper and stopped for granting the 2 JS,J W.PNo.5274/2025 essential commodities to the petitioner’s shop. When a similar issue has fallen for consideration, this Court in Chinnareddigari Sambasiva Reddy v. Government of Andhra Pradesh^ has held as follows: “Ordinarily, no fair price shop dealer would like to quit hisassignment. If such extra-ordinary desire is expressed by anydealer, it is incumbent upon the appointing authority to put thedealer on notice before accepting the resignation as, foul playby vested interests cannot be ruled out. Therefore, I cannotappreciate the action of respondent No. 3 in purporting to ratifythe hasty and unauthorised action of respondent No.4withouteven trying to get the confirmation from the petitioner as towhether he has sent his resignation out of his free will or thesame is secured by any vested Interests by force. The failureof respondent No. 3 to make an enquiry in this regard byissuing notice to the petitioner vitiates the entire action ofrespondentNos.3 and 4 in easing out the petitioner from thefair price shop dealership. As respondent No. 3 has notproperly exercised his jurisdiction in acting on the purportedresignation of the petitioner, his action culminating inacceptance/ratification of resignation of the petitioner isdeclared as illegal and the impugned order is, accordingly, setaside. As the petitioner is inclined to continue as the fair priceshop dealer, he shall be permitted to continue as such underthe authorization held by him. ” 2. The respondents cannot stop supply of Essential Commodities to the petitioner’s Fair Price Shop without getting confirmation on the resignation said to have been made by the petitioner. 2015(1) ALD 645 3 JS.J W.PNo.5274/2025 3. On the other hand, the learned Government Pleader, instructions, has placed the copy of the resignation before this Court on 4. Therefore, the writ petition is disposed of, with a direction to the petitioner to submit a representation to the Joint Collector (third respondent) within a period of two (02) weeks from today, on receipt of such representation, the third respondent shall conduct enquiry by giving opportunity of personal hearing to the petitioner, thereafter the third respondent shall consider and pass a reasonable order within a period of four (04) weeks thereof. Till such time, the respondents directed to continue the petitioner as Fair Price Shop Dealer. are 5. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions, if any, pending shall Sd/- K TATA RAO DEPUTY REGISJRAR C^r^^FFlCER District, Andhra Pradesh. 2. The District Collector 3. The Joint Collector, at Narsaraopeta, Palnadu District, AP. 4. The Revenue Divisional Officer stand closed. //TRUE COPY// SE To, 1 at Narsaraopeta, Palnadu District, AP. at Sattenapalli, Palnadu District, AP 5. The Tahsildar, of Achampeta Mandal, Palnadu District, AP. 6. One CC to Sri Raja Sekhar Sykam Advocate [OPUC] 7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Revenue Department, High Court of Andhra Pradesh [OUT] 9. Three C.D Copies MBT HIGH COURT DATED;21/03/2025 ORDER WP.No.5274 of 2025 X 2 <1 MAR 2025 ^ . Current aeciion 09, DISPOSING THE W.P WITHOUT COSTS