Andhra Pradesh High Court - Amravati
Dhanalakshmi Gramalkhya Sangham vs State Of Andhra Pradesh, on 21 August, 2024
APHC010363922024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
WEDNESDAY ,THE TWENTY FIRST DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 18333/2024
Between:
Dhanalakshmi Gramalkhya Sangham ...PETITIONER
AND
State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. M M M SRINIVASA RAO
Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES
The Court made the following Order:
This writ petition under Article 226 of Constitution of India is filed
seeking the following relief:
"...to issue a writ or direction preferably writ of mandamus
declaring the action of the respondents No.3 and 4 in insisting the
petitioner to tender her resignation and not allowing to run the shop
No.1216001, Beluguppa Village and Mandal, Ananthapuramu Dist.,
without there being any order of suspension or cancellation by the
competent authority by following due procedure under The Andhra
Pradesh State Targeted Public Distribution System (Control) Order,
2018, is illegal, arbitrary and contrary to the Judgment passed by
the full Bench in 2002 (1) ALD 577 and violative of principles of
natural justice and consequently direct the respondents to allow the
petitioner to run the shop as usual till her appointment is valid..."
02. The case of the petitioner is that the petitioner was appointed as
temporary fair price shop dealer bearing shop No.1216001, Beluguppa Village
and Mandal, Ananthapuramu District, vide proceedings dated 24.06.2019 in
D.DIS/KG/C/ /2019, issued by the 2nd respondent. Since then, the petitioner
has been distributing the commodities without any complaints and running the
fair price shop as per the instructions issued by the authorities from time to
time. While the matter stood thus, for the last 10 days, C.S.D.T. and V.R.O. of
Beluguppa Village at the instance of the 4th respondent are insisting the
petitioner to tender resignation due to change in political scenario alleging that
the petitioner is not opening the shop regularly and not maintaining timing.
03. The learned counsel for the petitioner submitted that due to political
reasons, the respondent authorities are illegally insisting the petitioner to
resign from the dealership.
04. On written instructions dated 20.08.2024, vide Rc.No.103/2024(CS), of
the 4th respondent, the learned Assistant Government Pleader for Civil
Supplies denied the allegations and requested to dismiss the writ petition as
the allegations made by the petitioner are false and baseless.
05. Since the appointment of the petitioner has not been cancelled or
suspended by following any due procedural law by conducting any enquiry or
issuing notice, the petitioner is entitled to continue as fair price shop dealer as
usual until such appointment is terminated by following due procedure of law.
06. Accordingly, the writ petition is allowed and the respondent authorities
are directed to supply the essential commodities to the petitioner on her
complying the requirements for such supply, until her appointment is
terminated by following due procedure of law.
No costs.
Pending miscellaneous applications, if any, shall stand closed.
________________________
JUSTICE B.S.BHANUMATHI
Date: 21.08.2024
NSM
HON'BLE Ms. JUSTICE B.S.BHANUMATHI
WRIT PETITION NO: 18333 of 2024
Date:21.08.2024
NSM
