APHC010029562026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2030/2026 Between: 1. PENUGONDA ANNAPURNAMMA, W/O. KONDA REDDY, AGED ABOUT 45 YEARS, OCC FP SHOP DEALER, SHOP. NO. 0724004, R/O.D.NO. 1-104,113 THALLUR VILLAGE, PHIRANGIPURAM MANDAL, GUNTUR DISTRICT.- 522529 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. -522237 2. THE REVENUE DIVISIONAL OFFICER, GUNTUR DIVISION, GUNTUR DISTRICT. 522504 3. THE TAHSILDAR, PHIRANGIPURAM MANDAL, GUNTUR DISTRICT.- 522529. ...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 to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondents more particularly the 2nd respondent in cancelling the authorization of the petitioner vide Rc.No.184512025-B dated 31.10.2025 is illegal, arbitrary 2 and violation of Article 14, 19 and 21. Consequently, set aside the same by continuing the petitioner as Fair price dealer Fair Price Shop No. 0724004, situated at Thallur Village, Phirangipuram Mandal, Guntur District and pass IA NO: 1 OF 2026 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 proceedings issued by the 2nd respondent vide Rc.No.1845/2025-B dated 31.10.2025 by continuing the petitioner as a Fair price dealer Fair Price Shop No.0724004, situated at Thallur Village, Phirangipuram Mandal, Guntur District pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: ORDER: The case of the petitioner herein is that she has been appointed as fair price shop dealer in respect of fair price shop No.0724004 situated in Thallur Village, Phirangipuram Mandal, Guntur District, in the year 2019 and she has been discharging her duties and efficiently performing her without any complaint from any cardholders. While so, due to her serious ill health, the petitioner submitted leave application to the Revenue Divisional Officer (2nd respondent herein) through the Tahsildar (3rd respondent herein) seeking permission to avail medical leave for a period from 16.07.2025 to 15.09.2025. The 2nd respondent, after due 3 consideration, granted permission. Thereafter, due to her medical condition and as advised by the doctors, the petitioner was constrained to travel to USA for advanced medical treatment. By the date of expiry of the leave period, as the petitioner was still undergoing medical treatment, requested for extension of leave i.e., from 16.09.2025 to 15.11.2025 by addressing a letter to the 2nd respondent through e-mail. However, the authority concerned, without considering the said request, passed the impugned order dated 31.10.2025 vide Rc.No.1845/2025-B cancelling the authorization of the petitioner. Impugning the same, the present writ petition is filed. 2. Heard Ms.Anjanee Priya, learned counsel representing Sri K.Srinivas, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that the petitioner went to the USA for advanced medical treatment and as her leave period was expired on 15.09.2025, she sent an e-mail to the 2nd respondent seeking leave for a further period of two months. Without considering the said e-mail, the authorities have passed the impugned orders cancelling the authorization of the petitioner. She further submitted that before passing the impugned order, no show cause notice inviting explanation has been issued to the 4 petitioner and no reasons have been assigned while cancelling the petitioner’s authorization. If such order subsists, it affects the rights of the petitioner and it has to be set aside on the ground of violation of principles of natural justice, accordingly, prayed to pass appropriate orders. 4. On the other hand, learned Assistant Government Pleader for Civil Supplies while justifying the orders passed by the 2nd respondent contended that there is neither illegality nor procedural irregularity in passing the orders impugned. By virtue of G.O.Ms.No.32 dated 03.12.2018, if the leave is sought beyond two months, it can be treated as resignation of the dealership for which no show cause notice is required to be issued, accordingly, prayed to dismiss the writ petition being meritless. 5. Perused the record and considered the submissions made by the learned counsel for the parties. 6. It is not in dispute that the petitioner has been appointed as fair price shop dealer in respect of shop No.0724004 situated in Thallur Village, Phirangipuram Mandal, Guntur District, on permanent basis. Due to her ill health, an application has been submitted to the 2nd respondent- Revenue Divisional Officer seeking leave on medical ground for a period of two months i.e., from 16.07.2025 to 15.09.2025. Thereafter, the petitioner was constrained to travel to the USA for advanced medical 5 treatment and as the treatment is still undergoing by the date of expiry of her leave i.e., on 15.09.2025, she sent an e-mail to the 3rd respondent- Tahsildar requesting to extend the leave from 16.09.2025 to 15.11.2025. A perusal of the e-mail dated 15.09.2025 would indicate nothing about any medical ground and it was only mentioned as ‘due to personal reasons, requested to extend the leave’. The petitioner cannot ask leave on the ground of personal reasons. However, another e-mail dated 17.09.2025 has been sent wherein it was stated that a ‘request for extension of leave due to ongoing medical reasons’. The said fact was not pleaded in the writ affidavit. The Government of Andhra Pradesh issued G.O.Ms.No.32 dated 03.12.2018 for selection and appointment of fair price shop dealers under Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and guidelines. As per the said Government Order, Clause XII: General Conditions (x) is relevant in the present case, which reads as follows: “x. In case of medical grounds, the appointing authority may grant leave for a period of two months duly making alternative arrangements. Seeking for leave beyond two months shall be treated as resignation for the dealership and the appointing authority shall issue notification for selection and appointment a dealer for the FP shop.” 7. Further, Clause xiii, goes to show that the candidate shall possess good health and shall not suffer from any contagious or infectious disease or from any other disability making the candidate unfit to run the F.P. Shop himself / herself. 6 8. It is not in dispute that the petitioner has made an application to avail medical leave for a period from 16.07.2025 to 15.09.2025 and the 2nd respondent, under his proceedings dated 22.07.2025 granted permission for a period of two months. It is the case of the petitioner that due to ill health for better advanced medical treatment she traveled to USA and as her treatment is still in progress requested the authorities to extend the leave beyond two months. 9. As stated supra, in the e-mail dated 15.09.2025, which is on the date of expiry of the earlier leave, the reason for extension of leave, is due to personal reasons. Whereas another e-mail dated 17.09.2025 which is also placed on record along with the material papers would go to show that, petitioner requested for extension of leave due to ongoing medical reasons. Once the Government Order is very clear that the appointing authority has right to grant leave for a period of two months by duly making alternative arrangements and if the dealer seeks further leave beyond two months, it has to be treated as resignation. By virtue of the said guidelines, it is clear that the petitioner’s request for extension of leave beyond two months can be treated as resignation. 10. A perusal of the orders impugned dated 30.01.2025, would indicate that the authority has duly taken into consideration G.O.Ms.No.32 dated 03.12.2018 referred supra and accordingly passed orders cancelling the authorization of the petitioner’s dealership. There is neither illegality nor 7 procedural irregularity in passing such order. The writ petition is liable to be dismissed at admission stage. 11. Accordingly, the Writ Petition is dismissed. However, this order does not preclude the petitioner from making fresh application if any notification is issued by the respondents for the subject shop, after completing her medical treatment and if she is medically fit and if eligible as per rules. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 27th January, 2026 RKS