APHC010338242024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17148/2024 Between: 1. RANGAMMA, W/O. HANUMANTHARAYAPPA, AGED 78 YEARS, OCC F.P.SHOP DEALER OF SHOP.NO.1263005 R/O. D.NO.15- 19, AVINAKUNTA VILLAGE, ROLLA MANDAL, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY THE PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT AT PUTTAPARTHY, ERSTWHILE ANANTHAPUR DISTRICT. 3. THE JOINT COLLECTOR, SRI SATHYA SAI DISTRICT AT PUTTAPARTHY, ERSTWHILE ANANTAPUR DISTRICT. 4. THE SUB COLLECTOR, PENUKONDA, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTAPUR DISTRICT. 5. THE TAHSILDAR, ROLLA MANDAL, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTAPUR 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 2 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No. 3 to 5 in taking forcible resignation from the petitioner to the F.P shop held by the petitioner at Avinakunta Village (Shop.No. 1263005) of Rolla Mandal, Sri Satya Sai District Erstwhile Anantapur District and not allotting the Essential commodities though the petitioner authorization is valid and subsisting as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice and consequently direct the respondents to continue the petitioner to hold F.P. shop Dealership of Avinakunta Village (Shop.No.1263005) of Rolla Mandal, Sri Satya Sai District Erstwhile Anantapur District by withholding the forcible resignation letter obtained by the authorities from the petitioner herein 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 to direct the respondents to continue the petitioner as F.P. shop Dealer and to supply essential commodities to the shop at Avinakunta Village (Shop.No.1263005) of Rolla Mandal petitioner’s fair price Sri Satya the forcibleSai District Erstwhile Anantapur District by withholding resignation letter obtained by the authorities from the petitioner herein pending disposal of Writ Petition, and to pass Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: To declare the action of respondent Nos.3 to 5 in taking resignation from the petitioner to the Fair Price shop No.1263005 of Avanikunta Village, Rolla Mandal, Sri Satya Sai District, forcibly and not allotting the essential commodities to the petitioner, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri P.Narahari Babu, 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 respondent authorities stopped supplying the essential commodities to the fair price shop belonging to the petitioner. 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 of her free will or not. He further submitted that in fact, the authorization of the petitioner is still in force. Without any notice, the respondent authorities highhandedly stopped supplying the commodities to the petitioner’s fair price shop and if the said action is allowed to continue, it not only affects the rights of the 4 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 respondents 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 keeping in view of the facts and circumstances of the case, this Court is inclined to dispose of the writ petition by passing the following order: “The respondent authorities concerned are directed to enquire on the petitioner’s resignation and verify from the petitioner as to whether she has sent the resignation out of her free will or the same was secured by any vested interest/by force and take steps in accordance with law. Till such exercise, the authority concerned is directed to allow the petitioner to run the fair price shop as per law.” 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: 31st January, 2026 RKS