APHC010592292024 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30831/2024 Between: 1. LENKA RAMADEVI, D/O. LATE LENKA SANYASI F. P. SHOP DEALER, F.P. SHOP NO 219010, AGED ABOUT 34 YEARS, OCC TEMPORARY EMPLOYEE PURITIPENTAVILLAGE, GAJAPATHINAGARAM MANDAL, VIZIANAGARAM DISTRICT. 1. THE STATE OF ANDHRA OFFICIO SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AP STATE, CIVIL SUPPLIES CORPORATION LTD, D.NO.10-152/1, CIVIL SAI TOWERS, BESIDE SIRIS COMPANY ASHOK NAGAR, BANDAR ROAD, KANURU, VIJAYAWADA 3. THE COLLECTOR CIVIL SUPPLIES, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER CIVIL SUPPLIES, BOBBILI,VIZIANAGARAM DISTRICT. 5. THE TAHASILDAR CIVIL SUPPLIES, GAJAPATHINAGARAM MANDALAM, VIZIANAGARAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30831/2024 LENKA RAMADEVI, D/O. LATE LENKA SANYASI F. P. SHOP DEALER, F.P. SHOP NO 219010, AGED ABOUT 34 YEARS, OCC TEMPORARY EMPLOYEE PURITIPENTAVILLAGE, GAJAPATHINAGARAM MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS EX OFFICIO SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE COMMISSIONER AP STATE, CIVIL SUPPLIES CORPORATION 152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDE SIRIS COMPANY ASHOK NAGAR, BANDAR ROAD, KANURU, VIJAYAWADA - 520007. THE COLLECTOR CIVIL SUPPLIES, VIZIANAGARAM, VIZIANAGARAM DISTRICT. THE REVENUE DIVISIONAL OFFICER CIVIL SUPPLIES, IZIANAGARAM DISTRICT. THE TAHASILDAR CIVIL SUPPLIES, GAJAPATHINAGARAM MANDALAM, VIZIANAGARAM DISTRICT. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY, THE FIFTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI LENKA RAMADEVI, D/O. LATE LENKA SANYASI F. P. SHOP DEALER, F.P. SHOP NO 219010, AGED ABOUT 34 YEARS, OCC TEMPORARY EMPLOYEE PURITIPENTAVILLAGE, GAJAPATHINAGARAM MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER PRADESH, REPRESENTED BY ITS EX- OFFICIO SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, THE COMMISSIONER AP STATE, CIVIL SUPPLIES CORPORATION SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDE SIRIS COMPANY ASHOK NAGAR, BANDAR THE COLLECTOR CIVIL SUPPLIES, VIZIANAGARAM, THE REVENUE DIVISIONAL OFFICER CIVIL SUPPLIES, THE TAHASILDAR CIVIL SUPPLIES, GAJAPATHINAGARAM ...RESPONDENT(S): 2 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 pass an order or orders or a direction in the nature of a WRIT OF MANDAMUS the proceedings issued by the 4th Respondent vide R.C. No.384/2024/DT dated 11.12.2024 to the extent (S.no.15) of notifying the Fair Price Shop No. 219010, situated at Puritipenta Village, Gajapathinagaram Mandal, Vizianagaram District, as vacant for the appointment of permanent dealers pending consideration of my case for appointment on compassionate grounds as wholly illegal, arbitrary, unjust, contrary to principles of natural justice, GO.Ms 4 Consumer Affairs, Food and civil Supplies Department (CS- I) dated 28.02.2014, GO.Ms 33 CA F and CS (CS-I) dated 19.12.2018, as directed to appointed as a permanent FP Shop dealer besides being violative of the petitioners rights guaranteed under Article 14 and 16 of the Constitution of India and consequently set aside the same R.C. No.384/2024/DT dated 11.12.2024 to the extent (S.no.15) of notifying the Fair Price Shop No. 219010, situated at Puritipenta Village, Gajapathinagaram Mandal, Vizianagaram District and/or 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 me as fair price shop dealer to the shop number 219010, situated at Puritipenta Village, Gajapathinagaram Mandal, Vizianagaram District by staying the proceedings vide R.C. No.384/2024/DT dated 11.12.2024 to the extent (S.no.15) of notifying the Fair Price Shop No. 219010, situated at Puritipenta Village, Gajapathinagaram Mandal, Vizianagaram District, and pass Counsel for the Petitioner: 1. G SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 The Court made the following order: Challenging the proceedings issued by respondent No.4 vide R.C.No.384/2024/DT dated 11.12.2024 to the extent of (S.No.15) of notifying the Fair Price shop No.219010 situated at Puritipenta Village, Gajapathinagaram Mandal, Vizianagaram, District, the present Writ Petition is filed. 2. Heard Sri G.Sravan Kumar, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner’s father was appointed in 2019 as the regular Fair Price shop dealer for the subject shop. The petitioner’s father passed away on 20.12.2020. Pursuant to his demise, the petitioner made a representation to respondent No.4 requesting to appoint her as Fair Price shop dealer on compassionate grounds. He further submitted that prior to her father’s death, she was married and subsequently divorced and had been residing with her parents. He further submitted that respondent No.4 forwarded the application of the petitioner to respondent No.5 and requested to submit a detailed enquiry in terms of G.O.M.No.4 dated 28.02.2014. Based on the recommendation of respondent No.5, respondent No.4 issued proceedings dated 04.01.2021 appointing the petitioner as the Fair Price shop dealer of the subject shop on temporary in-charge basis until 4 further orders. He further submitted that pursuant to the issuance of G.O.Ms.No.33 dated 19.12.2018, the petitioner submitted a representation dated 13.12.2024 along with family member’s certificate, requesting for appointment as the permanent Fair Price shop dealer for the subject shop. However, respondent No.4 did not consider the petitioner’s representation and did not pass any order. He further submitted that respondent No.4 issued the impugned proceedings notifying the list of vacant Fair Price shops, inviting applications from the public for appointment as permanent Fair Price shop dealers and declaring the subject shop as vacant and reserved for the Schedule Caste category. He further contended that the said proceedings were issued in contravention of G.O.Ms.No.4 dated 28.02.2014 and G.O.Ms.No.33 dated 19.12.2018. Hence, prayed to pass appropriate orders protecting the interest of the petitioner. In support of his contention, he relied on the decision of a Coordinate Bench of this Court in N.Sujana K.Sujana v. The State of Andhra Pradesh in Writ Petition No.14248 of 2021 dated 29.07.2022. 4. On the other hand, learned Assistant Government Pleader for Civil Supplies placed on record the written instructions of the Revenue Divisional Officer, Bobbili vide Rc.No.384/2024/DT, dated 26.12.2024 and submitted that the petitioner had applied several times for appointment as the permanent dealer of the subject shop. However, her proposals were rejected due to non- submission of the ‘No Earning Members Certificate from respondent No.5. Respondent No.5 submitted that the petitioner got married in the year 2019 5 and subsequently got divorced in the same year in the presence of village elders, which was not officially registered. The petitioner’s father had another daughter, who is a government employee and a son, who is working as Railway police Sub-Inspector in Indian Railways. Accordingly, the Tahsildar in his report mentioned that the ‘No Earning Member Certificate’ could not be issued to the petitioner. Hence, the petitioner’s request for appointment as the permanent dealer of the subject shop was not considered. It is further submitted that due to the death of the existing dealer, the shop was reserved for Scheduled Castes as per the roster system adopted by following the AP State and Subordinate Service Rules 1996. Hence, the Writ Petition is devoid of merits and deserves for dismissal. 5. Perused the material available on record and considered the submissions made by learned counsel for the parties. 6. The contention of the petitioner is that she was duly appointed as Fair Price shop dealer on a temporary in-charge basis for the subject shop after the death of her father. However, her request for permanent appointment, based on G.O.Ms.No.4 of Consumer Affairs, Food and Civil Supplies (CS-I) Department dated 28.02.2014, was not considered by the respondent authorities. Perusal of the written instructions of the Revenue Divisional Officer, dated 26.12.2024 shows that the petitioner did not fulfill the requirement of submitting ‘No Earning Members Certificate,’ which is mandatory under the relevant Government Orders. 6 7. Perusal of the record shows that the impugned notification was issued on 11.12.2024, whereas the petitioner submitted representation dated 13.12.2024 i.e., after the issuance of impugned notification. It is further evident from the record that the petitioner did not fulfill the mandatory requirements prescribed under the relevant Government Orders, particularly the submission of the ‘No Earning Members Certificate’ to be issued by Respondent No.5. The decision relied on by the petitioner is not applicable to the present facts of the case on hand. 8. In view of the above, since the petitioner submitted her representation after the issuance of the notification, coupled with her non-compliance with the mandatory requirements, she cannot claim any legal entitlement to be appointed as a Fair Price Shop dealer on permanent basis. Hence, the Writ Petition is devoid of merit and is liable to be dismissed. 9. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 05.02.2026 MP 7 250 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.30831 of 2024 05.02.2026 MP