APHC010298052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15327/2024 Between: 1. JAKKULA BHULAKSHMI, W/O YEDU KONDALU, OCC. FAIR SHOP DEALER, R/O. 2-34/A, GOTTIMUKKALA VILLAGE, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, GURAZALA MANDAL, PALANADU DISTRICT. 3. THE TAHSILDAR, GURAZALA MANDAL, PALANADU 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 topleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction 2 declaring the action of the 2nd and 3rd respondents in forcibly taking resignation from the petitioner Fair Price Shop. No. 0703002, Gottimukkala Village, Gurazala Mandal, Palanadu District is illegal, arbitrary and violation of principles of natural justice consequently direct the 2nd and 3rdrespondent to withdraw the resignation of the petitioner by directing 2nd and 3rdrespondent to supply the stock to the petitioner Fair Price Shop. No. 0703002, Gottimukkala Village, Gurazala Mandal, Palanadu District and pass IA NO: 1 OF 2024 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 pleased direct the 2nd & 3rd respondent to withdraw the resignation of the petitioner by directing 2nd & 3rd respondent to supply the stock to the petitioner Fair Price Shop. No. 0703002, Gottimukkala Village, Gurazala Mandal, Palanadu District pending disposal of the above Writ Petition and pass IA NO: 2 OF 2024 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 pleased to vacate the Interim Order dated 22 07 2024 in I A No. 1 of 2024 in W.P.No.15327 of 2024 and dismiss the writ petition and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 The Court made the following ORDER: To declare the action of respondent Nos.2 & 3 in forcibly obtaining resignation letter from the petitioner in respect of Fair Price Shop No.0703002, Gottimukkala Village, Gurazala Mandal, Palanadu District, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri K. Srinivas, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies. 3. Learned counsel for the petitioner, while reiterating the contents of the affidavit, submitted that the authorities have forcibly obtained resignation letter from the petitioner in respect of the subject Fair Price Shop, though Form-2 authorization stipulates that the authorization shall remain in force for a minimum period of five years and any request seeking to leave the dealership shall not be accepted within the said minimum period, except in cases of suspension or cancellation by the competent authority. It was further submitted there is no specific provision for acceptance of resignation of a Fair Price Shop dealership under the Control Order, 2018. He further submitted 4 that the 2nd respondent-Revenue Divisional Officer is the appointing authority. The 3rd respondent-Tahsildar can only forward resignation letter to the 2nd respondent for acceptance. The 3rd respondent, without sending the resignation letter, seeking a ratification letter from the 2nd respondent is contrary to the Control Orders, 2018. He further contended that having issued show cause notice dated 08.07.2024 asking the petitioner to submit explanation on one hand, and obtaining resignation letter from the petitioner on the other hand, clearly shows that the respondents are acted at the behest of some political people. Pursuant to the show cause notice, the authorities neither suspended nor cancelled the authorization of the petitioner. In view of the same, prayed to pass appropriate orders protecting the interest of the petitioner. 4. Learned Assistant Government Pleader, on counter affidavit of Tahsildar, Gurazala, contended that no resignation letter has been submitted by the petitioner as alleged in the writ petition. As there are complaints received against the dealership of the petitioner, an inspection was conducted and upon finding 5 certain irregularities, a show-cause notice has been issued, but no explanation has been submitted by the petitioner so far. He further submitted that by virtue of interim order granted by this Court, the enquiry against the petitioner was stalled. As such, the writ petition is devoid of merits and deserves dismissal. 5. Perused the record and considered the submissions made by both the learned counsel. 6. The main ground that has been raised and urged before this Court is that the respondent authorities have forcibly obtained resignation letter from the petitioner. In the counter affidavit, the authorities have categorically denied the submission of resignation letter by the petitioner. In view of the said fact, as the respondent authorities have not received any resignation letter, as alleged by the petitioner, there remains nothing for adjudication. However, based on certain allegations and the report submitted by the Tahsildar, a show cause notice has been issued to the petitioner to enquire whether any irregularities took place in the dealership of the petitioner. 7. The contention of the learned Assistant Government Pleader is that by virtue of the interim order granted by this Court, 6 the enquiry against the petitioner was stalled and the petitioner has been continuing the dealership. In view of same, this Court, without going into the merits and demerits of the case, is inclined to dispose of the writ petition by passing the following order: “The authorities are not precluded from proceeding with the enquiry pursuant to the show-cause notice dated 08.07.2024, in accordance with law. Pending enquiry, the respondents are directed to continue the petitioner as a Fair Price Shop dealer. Further continuation of the dealership shall be subject to the outcome of the enquiry.” 8. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 21.01.2026 ANS 7 407 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15327/2024 Date: 21.01.2026 ANS