APHC010696262022 IN THE HIGH COURT OF ANDHRA PRADESH [3333]

AT AMARAVATI (Special Original Jurisdiction)

MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 41136/2022 Between:

1. B ATCHU RENUKA, W/O. VENKATA RAM MOHANA RAO, AGED ABOUT 40 YEARS, OCC. F.P SHOP DEALER. SHOP NO.07830008, R/O D.NO.7-4-35/1, SANGAM BAZAR, SATTENAPALLI TOWN, PALNADU DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. T HE REVENUE DIVISIONAL OFFICER, SATHENAPALLI, PALNADU DISTRICT.

3. T HE TAHSILDAR, SATTENAPALLI MANDAL, PALNADU DISTRICT.

4. T HE DEPUTY TAHSILDAR, SATTENAPALLI, SATTENAPALLI TOWN, PALNADU DISTRICT.

5. S MT JAKKA SRAVANTHI, W/O RAMULU, PRESIDENT, VEDA GAITRI, MDG GROUP, 5TH WARD, SATTENAPALLI TOWN, PALNADU 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 a writ or order more particularly one in the nature of writ of mandamus or an appropriate writ or order declaring the proceedings in Rc. No.1205/2022-DT, dated 02.12.202'2 issued by the 2nd respondent appointing the 5th respondent as a Temporary Dealer in my place pertaining to F.P Shop Dealer Shop No.07830008, Sattenapalli Town, Palnad3.1 (Guntur) District as a Temporary Dealer in the place of th.a petitioner without any authority of law is illegal arbitrary and contrary to the Control orders 2018 and consequently direct the respondent 2 and 3 to allow the petitioner to distribute the commodities and pass IA NO: 1 OF 2022 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 proceedings in Rc. No.1205/2022-DT, dated 02.12.2022 issued by the 2nd respondent appointing the 5th respondent as a Temporary Dealer in my place pertaining to F.P Shop Dealer Shop No.07830008, Sattenapalli Town, Palnadu (Guntur) District, by directing to continue the petitioner as F.P. Slop Dealer pending disposal of the writ petition and 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 pleased to vacate the interim order date:21.12.2022 in W.P.No.41136 of 2022 and dismiss the writ Petition and Counsel for the Petitioner:

1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES The Court made the following:

ORDER:-

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“….to issue a writ or order more particularly one in the nature of writ of mandamus or an appropriate writ or order declaring the proceedings in Rc. No.1205/2022-DT, dated 02.12.2022 issued by the 2^nd respondent appointing the 5^th respondent as a Temporary Dealer in my place pertaining to F.P Shop Dealer Shop No.07830008, Sattenapalli Town, Palnadu (Guntur) District as a Temporary Dealer in the place of the petitioner without any authority of law is illegal arbitrary and contrary to the Control orders 2018 and consequently direct the respondent 2 and 3 to allow the petitioner to distribute the commodities ...”

2. The petitioner was appointed as a permanent Fair Price Shop Dealer for Shop No.0783008 of Sattenapalli Town, Palnadu (Guntur) District, in the year 2007 and petitioner’s authorization is in subsistence up to March, 2023. Since the date of her appointment, the petitioner has been distributing essential commodities to the cardholders without any complaint from any quarter.

3. While so, in the month of August, 2022, at the behest of the ruling party leaders, the 3^rd respondent pressurized the petitioner to resign from the fair price shop dealership. When the petitioner refused to submit her resi