Extracted from the PDF above. The PDF is authoritative.
APHC010300142025
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: 15122/2025 Between:
1. R ADIMURTHY REDDY, S/O LATE R.NARAYANA REDDY, AGED ABOUT 72 YEARS, PERMANENT FAIR PRICE SHOP DEALER, SHOP NO. 1287035, SINGIREDDYPALLI, HINDUPUR MANDAL, SRI SATHYA SAI DISTRICT, ANANTAPUR
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT
2. THE JOINT COLLECTOR, SRI SATHYA SAI DISTRICT AT PUTTAPARTHY
3. THE REVENUE DIVISIONAL OFFICER AND SUB DIVISIONAL MAGISTRATE, , PENUKONDA, SRI SATHYA SAI DISTRICT
4. THE TAHSILDAR, HINDUPUR MANDAL, SRI SATHYA
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SAI 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 toleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring and setting aside the Order dated 22.4.2025 in Rc.No. 1552/2025/C on the file of the 3rd Respondent, as illegal, arbitrary, without jurisdiction, violative of principles of natural justice and contrary to the judgments of this Hon'ble Court in W P No.36058 of 2014 and W.P.No. 1624 of 2025 and consequently direct the Respondents to allow the petitioner to function as Fair Price Shop Dealer of F.P.Shop No. 1287035, Singireddypally Village, Hindupur Mandal, Sri Sathya Sai District, by regularly supplying the essential commodities to the petitioner and pass IA 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 pleased to issue interim directions to the Respondents to forthwith allow the petitioner to function as Fair Price Shop Dealer of F.P.Shop No. 1287035 of Singireddypally Village, Hindupur Mandal, Sri Sathya Sai District and release the essential commodities to the petitioner, as usual, without reference to the impugned order dated 22.4.2025 in Rc.No. 1552/2025/C on the file of the 3rd Respondent, pending disposal of W P No. 2025 and pass Counsel for the Petitioner:
1. N RANGA REDDY Counsel for the Respondent(S):
1.
GP FOR CIVIL SUPPLIES
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The Court made the following ORDER:
Impugning the proceedings vide R.C.No.1552/2025/C dated 22.04.2025, issued by the 3rd respondent-Revenue Divisional Officer, the present writ petition is filed. 2. Heard Sri N. Ranga Reddy, learned counsel for the petitioner, and Sri Appasani Vineeth, 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, on the ground of alleged resignation of the dealership, the 3rd respondent has passed the impugned
order dated 22.04.2025 and
directed the 4th respondent-Tahsildar to get all the closing stocks and electronic weighing machine from the Fair Price Shop bearing shop No.1287035, Singareddypalli Village, Hindupur Mandal, Sri Sathya Sai District. The petitioner never ever given any resignation voluntarily and the same has been obtained forcibly. He further contended that the Revenue Divisional Officer, who is the appointing authority, did not choose to enquire on the resignation nor any notice has been issued to the petitioner to confirm as to whether the petitioner has sent the resignation out
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of his free will or not. Without conducting any enquiry and without issuing any notice to the petitioner passing such an order is bad in the eye of law. In these circumstances, if the said action is allowed to continue, it not only affects the rights of the petitioner but also her livelihood, as such, prayed to pass appropriate orders protecting the interest of the petitioner.
4. On the other hand, learned Assistant Government Pleader for Civil Supplies submitted that no enquiry has been conducted on the petitioner’s resignation. However, prayed to dispose of the writ petition giving liberty to the 3rd respondent to enquire on the petitioner’s resignation and take steps in accordance with law.
5. Taking the submissions of the learned counsel for the parties and in view of the interim order dated 25.06.2025, this Court, is inclined to dispose of the writ petition by passing the following order:
“The 3rd respondent (RDO) is directed to enquire on the petitioner’s resignation and verify from the petitioner as to whether he has sent the resignation out of his free will or the same is secured by any vested interest/by force and take steps in accordance with law. Till such exercise, the interim order granted by this Court on 25.06.2025, shall stand continue”.
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6. Accordingly, 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: 27.01.2026 ANS
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302 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 15122/2025 Date: 27.01.2026 ANS