APHC010641082023 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: 32967/2023 Between: 1. SRI AMMA BHAGAVAN SELF HELP GROUP, LAVETEPALEM, LAVERU MANDAL, SRIKAKULAM DISTRICT. REP. BY ITS ORGANISER SMT. I. KRISHNA KUMARI, W/O RAMANA, AGED ABOUT 42 YEARS, OCC. F.P SHOP DEALER OF SHOP NO. 106003, R/O LAVETEPALEM VILLAGE, H/O LAVERU LAVERU MANDAL, SRIKAKULAM DISTRICT 1. THE STATE OF ANDHRA PRADESH, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. REP BY ITS PRINCIPAL SECRETARY 2. THE COLLECTOR CIVIL SUPPLIES, SRIKAKULAM, SRIKAKULAM. DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, SRIKAKULAM, SRIKAKULAM DISTRICT. 4. THE TAHSILDAR, LAVERU MANDAL, SRIKAKULAM DISTRICT. 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 issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the Notification issued by the 3rd 1 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: 32967/2023 SRI AMMA BHAGAVAN SELF HELP GROUP, LAVETEPALEM, LAVERU MANDAL, SRIKAKULAM DISTRICT. REP. BY ITS ORGANISER SMT. I. KRISHNA KUMARI, W/O RAMANA, AGED ABOUT 42 YEARS, OCC. F.P SHOP DEALER OF SHOP NO. 106003, R/O LAVETEPALEM VILLAGE, H/O LAVERU GRAM PANCHAYAT, LAVERU MANDAL, SRIKAKULAM DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. REP BY ITS PRINCIPAL SECRETARY THE COLLECTOR CIVIL SUPPLIES, SRIKAKULAM, SRIKAKULAM. THE REVENUE DIVISIONAL OFFICER, SRIKAKULAM, SRIKAKULAM THE TAHSILDAR, LAVERU MANDAL, SRIKAKULAM 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 to issue an appropriate Writ, Order or Direction, more particularly one f Mandamus, declaring the Notification issued by the 3rd IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY, THE FIFTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI SRI AMMA BHAGAVAN SELF HELP GROUP, LAVETEPALEM, LAVERU MANDAL, SRIKAKULAM DISTRICT. REP. BY ITS ORGANISER SMT. I. KRISHNA KUMARI, W/O RAMANA, AGED ABOUT 42 YEARS, OCC. F.P SHOP DEALER OF SHOP NO. 106003, GRAM PANCHAYAT, ...PETITIONER THE STATE OF ANDHRA PRADESH, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. REP BY THE COLLECTOR CIVIL SUPPLIES, SRIKAKULAM, SRIKAKULAM. THE REVENUE DIVISIONAL OFFICER, SRIKAKULAM, SRIKAKULAM THE TAHSILDAR, LAVERU MANDAL, SRIKAKULAM 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 to issue an appropriate Writ, Order or Direction, more particularly one f Mandamus, declaring the Notification issued by the 3rd 2 respondent vide Lr.No.453/2023/10 CS dated 07.12.2023 for appointment of F.P Shop dealer on permanent basis in respect of Shop No.106003, Laveru-III (Lavetipalem) Village, Laveru Mandal, Srikakulam District instead of regularizing the petitioner's dealership is illegal, arbitrary and violative of principles of natural justice and set aside the same and consequently direct the respondents to continue the petitioner as Fair Price shop dealer of F.P Shop No.106003, Laveru-III (Lavetipalem) Village, Laveru Mandal, Srikakulam District as permanent dealer by regularizing the petitioner's authorization and to pass IA NO: 1 OF 2023 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 stay all further proceedings pursuant to the Notification issued by the 3rd respondent vide Lr.No. 453/2023/10 CS dated 07.12.2023 for appointment of F.P Shop Dealer on permanent basis in respect of Shop No. 106003 of Laveru-III (Lavetepalem) Village, Laveru Mandal, Srikakulam District, pending disposal of the writ petition. 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 vacate the interim order dated 22-12-2023 passed in IA.No. 2023 in WP.No. 32967 of 2023 and dismiss the writ petition and pass Counsel for the Petitioner: 1. TADDI NAGESWARA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 The Court made the following order: Impugning the Notification vide Letter No.453/2023/10 CS dated 07.12.2023 issued by respondent No.3-Revenue Divisional Officer, inviting applications for appointment of Fair Price Shop dealer for Shop No.106003, Laveru-III (Lavetipalem) village, Laveru Mandal, Srikakulam District, the present writ petition is filed. 2. Heard Sri Taddi Nageswararao, 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 is a self held group has been appointed as fair price shop dealer for the subject shop on temporary basis on 24.03.2015 and discharging its duties since then. While so, without cancelling the petitioner’s authorization, respondent No.3 issued the impugned Notification dated 07.12.2023 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 not only affects the rights of the petitioner, but the livelihood of the group members would also be affected. He further contended that this Court stayed the said notification by virtue of interim order on 22.12.2023, 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 4 notification, as the petitioner 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, the group members of the petitioner 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, respondent No.3 issued notification dated 07.12.2023 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 the petitioner 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 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: 5 “The petitioner is at liberty to make an application for appointment of permanent dealer pursuant to notification vide Lr.No.453/2023/10 CS dated 07.12.2023. 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 05.02.2026 MP 6 245 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.32967 of 2023 05.02.2026 MP