APHC010596382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31096/2024 Between: 1. S SHABANA KHANAM, W/O. PATAN NAWAB KHAN, AGED ABOUT YEARS, OCC DEALER OF THE FAIR PRICE SHOP, DEALER OF SHOP NO. 1183050, R/O. KOTHAPALLI VILLAGE, RAYACHOTI MANDAL, ANNAMAYYA DISTRICT,(KADAPA), ANDHRA PRADESH- 516269 ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, RAJAMPET DIVISON, RAYACHOTI, ANNAMAYYA DISTRICT. 3. THE SUB COLLECTOR, , RAJAMPET DIVISON RAYACHOTI, ANNAMAYYA DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, RAYACHOTI ANNAMAYYA DISTRICT. 5. THE TAHSILDAR, RAYACHOTI MANDAL ANNAMAYYA DISTRICT. 6. THE DEPUTY TAHSILDAR, , CIVIL SUPPLIES, RAYACHOTI 2 MANDAL, ANNAMAYYA 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 an appropriate Writ, Order or direction under Article 226 of constitution of India more particularly one in the nature of Writ of Mandamus declaring the proceedings Ref.No.B/1083/RCT/2024, dated 23.12.2024 in issued by Respondent No.4 with respect to fair price shop no. 1183050 in Serial no. 12 is arbitrary, illegal arbitrary, self-contrary, capricious, irrational, illegal and contrary to the well- established legal principles and principles of natural justice apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 14,19 (1) (g) and 21 of the Constitution of India and consequently set aside the same 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 to direct the Respondents to permit the Petitioner to apply in the notification issued vide proceedings Ref.No.B/1083/RCT/2024, dated 23.12.2024 in view of the interim order dated 18.12.2024 in W.P No 29814 of 2024 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 direct the Respondents to continue the petitioner as the Fair Price Shop dealer by suspending the proceedings Ref.No.B/1083/RCT/2024, dated 23.12.2024 Respondent No.4 with respect to fair price shop no. 1183050 in Serial no. 12 by Respondent no 4, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 3 1. GP FOR CIVIL SUPPLIES The Court made the following: 4 ORDER: Impugning the notification vide Ref.No.B/1083/RCT/2024 dated 23.12.2024 inviting applications for appointment of Fair Price Shop dealer for Shop No.1183050, Kothapalli Village, Rayachoti Mandal, Annamayya District, the present writ petition is filed. 2. Heard Sri Shaik Sulthan, learned counsel representing Sri P.Sashidhar 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 the petitioner was appointed as a fair price shop dealer for the subject shop on temporary basis on 25.05.2006 and has been discharging her duties since then. While so, without cancelling the petitioner’s authorization, the 4th respondent issued the impugned notification dated 23.12.2024 inviting applications for appointment of permanent dealership. He further submitted that if such notification is allowed and any member is appointed in place of the petitioner, it would not only affect the rights of the petitioner but her livelihood. He further contended that this Court on 28.12.2024 granted interim order permitting the petitioner to apply pursuant to the notification and to attend written test and interview. Further, pending disposal of the writ petition, stayed the allotment of the fair price shop of the petitioner to any third party and 5 the petitioner was permitted to continue as a fair price shop dealer. Accordingly, prayed to pass appropriate orders. 4. On the other hand, Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies submitted that the petitioner cannot question the notification as she is a temporary dealer and the respondents have authority to appoint a permanent dealer. If at all the petitioner has an intention to participate in the notification, she can as well participate but cannot question the notification before this Court, as such, prayed to dismiss the writ petition being meritless. 5. Perused the record and considered the submissions made by the learned counsel for the parties. 6. It is not in dispute that the petitioner was appointed as a temporary fair price shop dealer for the subject shop. While so, the 4th respondent issued notification dated 23.12.2024 inviting applications for appointing a permanent dealer. The said notification has been assailed on the sole ground that notification has been issued without cancelling the petitioner’s authorization and she is still continuing as a temporary dealer. The petitioner being a temporary dealer, will not have any legal right to question the notification for filling up the vacancies with a regular candidate. The authorities have made it clear in the appointment order of the petitioner that the temporary arrangement is up to the time of filling up of the vacancy on regular basis. Further, nothing prevents the 6 petitioner from making an application pursuant to the said notification for selection of permanent dealer. 7. In view of the same, the petitioner has not made out any case warranting interference of this Court in pursuing the notification. As such, this Court is inclined to dispose of the writ petition by passing the following order: <The petitioner is at liberty to make an application for appointment of permanent dealer pursuant to notification vide Roc Ref.No.B/1083/RCT/2024 dated 23.12.2024. Till finalization of the notification, the petitioner shall continue as the fair price shop dealer.= 8. 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: 02nd March, 2026 JLV 7 261 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31096/2024 Date: 02nd March, 2026 JLV