APHC010102702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3459]
(Special Original Jurisdiction)
THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5274/2025 Between:
Shaik Gowsiya Bee ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. RAJA SEKHAR SYKAM Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR CIVIL SUPPLIES The Court made the following:
ORDER
The case of the petitioner is that the petitioner was appointed as Fair Price Shop Dealer on 31.03.1994. While so, on 01.02.2025, the Village Revenue Officer, Madipadu has approached the petitioner’s shop and insisted for her resignation, when she refused to resign, the said VRO obtained her signature high handedly on a blank white paper and stopped for granting the essential commodities to the petitioner’s shop. When a similar issue has fallen for consideration, this Court in Chinnareddigari Sambasiva Reddy v. Government of Andhra Pradesh, [2015(1) ALD 645] has held as follows:
“Ordinarily, no fair price shop dealer would like to quit hisassignment. If such extra-ordinary desire is expressed by anydealer, it is incumbent upon the appointing authority to put thedealer on notice before accepting the resignation as, foul playby vested interests cannot be ruled out. Therefore, I cannotappreciate the action of respondent No.3 in purporting to ratify the hasty and unauthorised action of respondent No.4withouteven trying to get the confirmation from the petitioner as towhether he has sent his resignation out of his free will or thesame is secured by any vested interests by force. The failure of respondent No.3 to make an enquiry in this regard byissuing notice to the petitioner vitiates the entire action ofrespondentNos.3 and 4 in easing out the petitioner from thefair price shop dealership. As respondent No.3 has not properly exercised his jurisdiction in acting on the purportedresignation of the petitioner, his action culminating inacceptance/ratification of resignation of the petitioner isdeclared as illegal and the impugned order is, accordingly, setaside. As the petitioner is inclined to continue as the fair priceshop dealer, he shall be permitted to continue as such underthe authorization held by him.”
2. The respondents cannot stop supply of Essential Commodities to the petitioner’s Fair Price Shop without getting confirmation on the resignation said to have been made by the petitioner.
3. On the other hand, the learned Government Pleader, on instructions, has placed the copy of the resignation before this Court 4. Therefore, the writ petition is disposed of, with a direction to the petitioner to submit a representation to the Joint Collector (third respondent) within a period of two (02) weeks from today, on receipt of such representation, the third respondent shall conduct enquiry by giving opportunity of personal hearing to the petitioner, thereafter the third respondent shall consider and pass a reasonable order within a period of four (04) weeks thereof. Till such time, the respondents are directed to continue the petitioner as Fair Price Shop Dealer.
5. Accordingly, the Writ Petition is disposed of. No order as to costs.
As a sequel, miscellaneous petitions, if any, pending shall stand closed.
___________________________
JUSTICE SUMATHI JAGADAM Date: 20.03.2025 Note: Issue C.C. by 21.03.2025 b/o.
sj THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5274/2025 Date:20.03.2025 sj
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