APHC010174482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8923/2024 Between: 1. D LAKSHMI DEVI, W/O.LUMUNBA, AGED ABOUT 45 YEARS, OCC M.P.P, R/O.L6-363-2-L,SUNNAMBATTI STREET, YEMMIGANUR, KUMOOL DISTRICT. 2. NAMALA SRINIVASULU,, S/O.VENKATARAMUDU, AGED ABOUT 50 YEARS,OCC M.P.T.C-1, R/O.D.NO.4-29, TEMAKAL, DEVANAKONDA, KUMOOL DISTRICT - 518 465. 3. GUNTALAGERI KOWLUTLA,, S/O. MALLAIAH, AGED ABOUT 34 YEARS, R/O.4/190-4A, TEMAKAL, DEVANAKONDA, KUMOOL DISTRICT - 518 465. 4. CHAKALI RANGANNA,, S/O.CHAKALI NAGESH, AGED ABOUT 39 YEARS, R/O.H.NO. 1-245, YALLAMMAPETA, TEMAKAL, DEVANAKONDA MADNAL, KUMOOL DISTRICT - 518 465 5. MOGATHAL AMN KUMAR,, S/O.JEEVARATNAM, AGED ABOUT 39 YEARS, OCC GRAMA SARPANCH, R/O.5- 122, SC COLONY, TEMAKAL, DEVANAKONDA MANDAL, KUMOOL DISTRICT - 518465. ...PETITIONER(S) 2 AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KUMOOL DISTRICT, KUMOOL. 3. THE JOINT COLLECTOR, KUMOOL DISTRICT, KUMOOL. 4. THE REVENUE DIVISIONAL OFFICER, KUMOOL, KUMOOL DISTRICT. 5. THE TAHSILDAR, DEVANAKONDA MANDAL, KUMOOL DISTRICT. 6. U TIRUMALA, W/O.U.MADHUSUDHAN, F.P. SHOP DEALER, VILLAGE SHOP NO.3, TEMAKAL, DEVANAKONDA MANDAL, KUMOOL DISTRICT. ...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 tomay be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus,declaring the action of the 4th respondent in appointing the 6th respondent as F.P.Shop Dealer of Shop No. 1327003, Temakal Village DevanakondaMandal, Kumool District vide Proceedings Rc.M.555/2015,dt.06.05.2015 which is contrary to the statement, dt.30.01.2024 of village elders and white Card Holders of F.P.Shop No.1327003 as illegal, arbitrary and consequently set-aside the same, and pass such IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the 3 petition, the High Court may be pleased may be pleased to direct the 4th respondent to conduct an enquiry relating to the F.P. Shop No.1327003, Temakal Villae, Devanakonda Mandal, Kumool District, pending disposal of the main writ petition and pass such Counsel for the Petitioner(S): 1. B PARAMESEWARA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2. U RAMANJANEYULU The Court made the following order: Questioning the proceedings of the 4th respondent vide Rc.M.555/2015, dated 06.05.2015, by which the 6th respondent was appointed as fair price shop dealer of shop No.1327003 of Ternakal Village, Devanakonda Mandal, Kurnool District, the present writ petition is filed. 2. Heard Sri B. Parameswara Rao, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, submitted that the 6th respondent has been appointed as fair price shop dealer of shop No.3 in the petitioner’s village. In fact, a case under Section 6A of the 4 Essential Commodities Act, 1955, was booked against the 6th respondent on the ground of stock variation. The Villagers along with the Sarpanch once again gave a complaint on 26.07.2022 against the 6th respondent ration shop. Thereafter, an inspection was conducted and a case was registered against the dealer and the shop was seized and on enquiry, the 6th respondent’s dealership was suspended. He further submitted that the 6th respondent is habitual in harassing the villagers by not distributing the essential commodities. Having suspended the 6th respondent’s dealership, once again the authorities have appointed the 6th respondent as fair price shop dealer to the subject village. If such proceedings are allowed to continue, there is every likelihood of him harassing the cardholders and not distributing essential commodities as per the Control Orders, 2018. As such, the order of appointing the 6th respondent has to be set aside. 4. On the other hand, learned Assistant Government Pleader, on counter affidavit, contended that as against the suspension order, the 6th respondent preferred an appeal before the Joint Collector, which was confirmed under the proceedings dated 5 26.12.2022. Questioning the same, W.P.No.1146 of 2024 was filed, wherein this Court suspended the orders passed by the original authority and the appellate authority. By virtue of the said suspension orders, the 6th respondent has been allowed to continue as a dealer. Later, final orders have been passed in the said writ petition and the suspension order has been suspended and remanded back to the original authority. After enquiry, once again the impugned order has been passed appointing the 6th respondent as fair price shop dealer. As such, the petitioners cannot question the said order in the writ petition and the writ petition is devoid of merits and liable to be dismissed. 5. Perused the record and considered the submissions made by both the learned counsel. 6. As could be culled out from the facts and submissions, the cause for filing the present writ petition is that the appointment of the 6th respondent could cause the interest of public at large. If that is the case, the petitioners cannot agitate the 6th respondent’s dealership by filing a writ petition under Article 226 of the Constitution of India and has to file a public interest litigation. The other ground which has been urged and raised 6 before this Court is a mere apprehension that the 6th respondent may harass the people in distributing the essential commodities. The petitioners did not raise valid grounds warranting interference of this Court. As such, the writ petition is devoid of merits and is liable to be dismissed. 7. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 20.01.2026 ANS 7 210 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8923/2024 Date: 20.01.2026 ANS