APHC010103512020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6287/2020 Between:

1. P GAYATHRI, W/O. RAVI OF MOHAMMAD MUSTHAFA MINORITY MAHILA PODUPU SANGHAM SELF GROUP, AGED ABOUT 35 YEARS, FAIR PRICE SHOP DEALER, F.P.SHOP NO.1285110, ANANTAPURAM TOWN AND MANDAL, ANANTAPURAM DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES (CS.I) DEPARTMENT, SECRETARIAT, SECRETARIAT BUILDINGS, HYDERABAD.

2. T HE REVENUE DIVISIONAL OFFICER, ANANTAPURAMU, ANANTAPURAMU DISTRICT.

3. T HE TAHSILDAR, ANANTAPURAMU, ANANTAPURAMU DISTRICT.

4. C HANDRALEKHA UDAYASRI MAHILA PODUPU SANGAM SHG, F P SHOP DEALER, F.P. SHOP NO.12850110,ANANTHAPURAM URBAN, ANANTHAPUR DISTRICT. R 4 IS IMPLEADED AS PER C.O.DT.17/9/21. IN IA.1/21.

...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 a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 2nd respondent in cancelling the authorization in Rc.No.K3/3614/2019 dated 22.02.2020 of the petitioner Fair Price Shop Dealer for Shop No.1285110 of Ananthapuramu City and Town, Ananthapuramu Mandal and District as illegal, arbitrary and unjust and consequently set aside the same IA NO: 1 OF 2020 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 suspend the cancellation of authorization of the petitioner in Rc.No.K3/3614/2019 dated 22.02.2020 of the petitioner's Fair Price Shop Dealer for Shop No.1285110 of Ananthapuramu City and Town, Ananthapuramu Mandal and District by supplying the Essential Commodities to the petitioner's Fair Price Shop IA NO: 1 OF 2021 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 implead the petitioner as respondent no.4 and permit the petitioner to prosecute the above case as proper and necessary party in the Interlocutory application and above writ petition Counsel for the Petitioner:

1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP)

The Court made the following:

ORDER:

The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:

“.…to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 2^nd respondent in cancelling the authorization in Rc.No.K3/3614/2019 dated 22.02.2020 of the petitioner Fair Price Shop Dealer for Shop No.1285110 of Ananthapuramu City and Town, Ananthapuramu Mandal and District as illegal, arbitrary and unjust and consequently set aside the same ….”

2. Brief facts of the case are as follows:

a) The petitioner was appointed as a temporary Fair Price Shop dealer for Shop No.1285110 of Anantapuramu Urban and Mandal, Anantapuramu District vide proceedings dated 23.04.2018 issued by the 2^nd respondent. b) While the matter stood thus, the 3^rd respondent sent proposals vide Rc.No.CS/522/2019 dated 29.07.2019 for appointment of Smt.Chandralekha (SHG) group leader/members of the S.H.G. namely “Udayasri Mahila Podupu Sangam” as Fair Price Shop dealer to the subject shop. The Joint Collector, Anantapuramu issued proceedings dated 05.06.2019 appointing the said Chandralekha as Fair Price Shop dealer. The 3^rd respondent sent a letter in Lr.Rc.No.CS/522/2019 dated 18.12.2019 to the 2^nd respondent for initiation of 6-A case under Essential Commodities Act, 1955. Basing on the same, the 2^nd respondent issued a show-cause notice dated 03.01.2020 calling for an explanation from the petitioner. For which