IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 52fin DF 2025 AMARAVATI Between: Smt. D. Malathi, W/o. R.Narasimha Reddy, Aged about 53 Shop Dealer of Shop No. 1258023 Sasanakota Village, Parigi Mandal, Sri Sathya Sai District Erstwhile Ananthapur District. years, Occ: FP ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Civil Supplies Department, Secretariat Buildings At Velagapudi, Amaravathi, Andhra Pradesh. 2. The District Collector, Sri Sathya Sai District at Puttaparthy Erstwhile Ananthapur District. 3. The Revenue Divisional Officer, Penukonda, Sri Sathya Sai District Erstwhile Ananthapur District. 4. The Tahsildar, Parigi Mandal, Sri Sathya Sai District Erstwhile Ananthapur District ...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, order or direction more particularly one in the nature of Writ of Mandamus declaring the order of the 3'^^ respondent in his proceedings Rc.No.637/2025/C dated 20.02.2025 in cancelling the Fair Price Shop Dealership held by the petitioner FP Shop No. 1258023 of Sasanakota Village, Parigi Mandal, Sri Sathya Sai District erstwhile Anantapur District without there being any valid reason, and without I following any procedure under law as illegal, arbitrary and violative of principles of natural justice and violation of A.P. Targeted Public Distribution System (Control) Order, 2018 and violative of Articles 14, of the Constitution of India and consequently set-aside the same and direct the respondents to continue the petitioner to hold F.P. shop Dealership of FP Shop No. 1258023 of Sasanakota Village, Parigi Mandaf, Sri Sathya Sai District erstwhile Anantapur District. 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 bd pleased to direct the respondents to suspend the proceedings of S'"* respondent vide Rc.No.637/2025/C dated 20.02.2025 by directing the respondents to supply essential commodities to the petitioner’s fair FP Shop No. 1258023 of Sasanakota Village, Parigi Mandal, Sri Sathya Sai District erstwhile Anantapur District, pending disposal of Writ Petition. Counsel for the Petitioner: SRI P. NARAHARIBABU Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES The Court made the following; ORDER APHC010103902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] r ■ MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5260/2025 Between: ...PETITIONER Smt. D. Malathi, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P NARAHARI BABU Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following ORDER: The present Writ Petition is filed declaring the action of the 3^-^ respondent in cancelling the fair price shop dealership held by the petitioner FP shop No. 1258023 of Sasanakota Village, Parigi Mandal, Sri Sathya Sai District as illegal, arbitrary and consequently to set aside the same and direct the respondents to continue the petitioner to hold fair price shop dealership of FP shop No. 1258023 of Sasanakota Village, Parigi Mandal, Sri Sathya Sai District. l£i 2 JS,J W.P.No.5260of2025 The petitioner was appointed as permanent fair price shop RC.3405/93/H, 2. respondent vide proceedings in allotted fair price shop No.1258023 of dealer by the 3' dated 29.12.1993. He was Sasanakota Village, Parigi Mandal, Sri Sathya Sal District. The valid and subsisting as on authorization of the petitioners shop is today. When the respondent authorities have stopped the allotment fair price shop without the petitioner has filed W.P.No.15443 disposed of directing the 3 therein to supply the essential commodities and to continue the same if the 3. of essential commodities to the petitioner’s there being any proceedings of 2024. The said writ petition was respondent Nos.2 and to the petitioner’s fair price shop formalities are complied with. respondent No.3 issued show cause notice holding the post of fair price shop dealer and Sasanakota Village, the petitioner has submitted her the 3'^'^ respondent, without has issued the impugned 20.02.2025, terminating the dealership of the On 05.02.2025 4. to the petitioner for Sarpanch of explanation on 17.02.2025. However considering the petitioner’s explanation proceedings, dated petitioner’s fair price shop. Challenging the same, the present writ petition is filed. 3 JS,J W.P.No.5260of2025 Heard Sri P. Narahari Babu, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 5. Learned counsel for the petitioner submits that the petitioner was appointed as permanent fair price shop dealer on 29.12.1993 and running the fair price shop for the last 32 years and there was bar of holding the post of Sarpanch. G.O.Ms.No.32, CA, F & CS (CS.1) Department, dated 03.12.2018, cited by the respondents are only the guidelines issued for appointment of the fair price shop dealers which are only prospective in nature. He further submits that the respondent authorities, without appreciating the explanation and without affording opportunity of personal hearing, have cancelled the petitioner’s dealership which is against the principles of natural justice. 6. no Learned Assistant Government Pleader, on the written instructions of the respondents, submits that the 3'^^ respondent has refused to consider the explanation by stating that it is devoid of merits and passed the impugned orders observing that as per General of G.O.Ms.No.32, dated 03.12.2018, the petitioner cannot continue as fair price shop dealer as she is holding the post of Sarpanch of Sasanakota Panchayat and her authorization was rightly terminated. 7. Clause XII 4 JS,J W.P.No.5260of2025 8. Clause XII General of G.O.Ms. No.32, CA, F & CS (CS.1) Department, dated 03.12.2018, is extracted hereunder: x\\. GENERAL Gram anshad Territorial Constituency (ZPTC) office ofprofit irrespective of the Chairman of Zilla Societies, of Zilla etc., or holding any reservation shall not be eligible; ap^'inZguTthorifyconctmefZft^ mderta/r/np to the 9. The petitioner when G.O.Ms.No.32 was elected as Sarpanch in the year 2020 CA, F & CS (CS.1) Department in force, her per authorization . dated was renewed from without even testing the explanation regarding the undertaking from authorization of the petitioner’s IS against the principles of natural justice. 03.12.2018 was time to time without raising objection. Respondent No.3 conducting proper enquiry and without submitted by the petitioner dealer, straightaway terminated the fair price shop which i the 10. In similar ci circumstances, this Court allowed W.P.No.87 - impugned cancellation order and relevant portion of the order is extracted hereunder: time. In this regard I fs ^Z , was appointed as dealefin the‘yLi'"aT9Th''^h“Z'^^*'‘'°''^^ provision i/i/as not inexistenrt^ a I guidelines for set^!n andlZoLZf%Z^ which time the ® under the Andhra Pradesh^aZ p if rlealer (Control, Order ^008 issaaS of 2015 by setting aside the i the V 5 JS,J W.P.No.5260 of 2025 elected to any public office. It is not the case that any such petitioner at any time after 19.02 2011, since there is no record or finding to that effect Merely because a provision requiring the dealer to submit such an undertaking is in force, without actually taking such an undertaking from the dealer, the appointing authority cannot proceed with the allegation that the provision was vioiated. if the provision is intended to have its effect without an undertaking there is no need to say an undertaking shall be given. ” 11. In the light of the foregoing discussion, the Writ Petition i allowed by setting aside the impugned proceedings issued by the 3 respondent vide Rc. No.637/2025/C, dated 20.02.2025, direction to the respondents to reconsider the case of the petitioner by giving an opportunity of personal hearing and pass appropriate orders contemplated under law within a period of six (06) weeks from the date of receipt of a copy of the order. IS rd with a In the meantime, the respondents are directed not to take any coercive steps against the petitioner’s fair price shop No. 1258023 of Sasanakota Village, Parigi Mandal, Sri Sathya District. No order as to costs. Sai As a sequel, miscellaneous petitions, if any, pending shall stand closed. I Sd/- M SRINIVAS ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings At Velagapudi, Amaravathi, Andhra Pradesh. 2. The District Collector, Sri Sathya Sai District at Puttaparthy Erstwhile Ananthapur District. 3. The Revenue Divisional Officer, Penukonda, Sri Sathya Sai District Erstwhile Ananthapur District. 4. The Tahsildar, Parigi Mandal, Sri Sathya Sai District Erstwhile Ananthapur District 5. One CC to Sri P. Narahari Babu, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. / HIGH COURT DATED:03/03/2025 ORDER WP.No.5260 of 2025 V & €5» 2 4 MAR 2025 a: ^ Current Section ^ •3^ ^£^SPATCV%5g, ALLOWING THE W.P. WITHOUT COSTS