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2026 Supreme(Online)(AP) 15760
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ravi Cheemalapati, J
MADDI SRINIVASA RAO – Appellant
Versus
THE STATE OF AP – Respondent
WRIT PETITION NO: 25366/2020
For the Appellants/Petitioners: Nagendra Babu U
For the Respondents: GP For Civil Supplies, Nimmagadda Revathi
The appointing authority must conduct an inquiry to verify if a fair price shop dealer's resignation was voluntary or coerced before accepting it, as such assignments are rarely relinquished voluntarily.
Headnote:The petitioner challenged the action of the respondents under the Andhra Pradesh Schedule Commodities Control Order, 2018, for his removal as an authorized fair price shop dealer. The petitioner alleged that his resignation was obtained forcefully by the Tahsildar and Revenue Inspector along with political elements, and that the Revenue Divisional Officer (RDO) accepted the resignation without conducting any inquiry. The court found that the authority failed to verify the voluntariness of the resignation before making in-charge arrangements for another person. The primary issue was whether the acceptance of a resignation letter without a prior inquiry into its voluntariness is legal in the context of fair price shop dealerships. The court reasoned that since dealers are unlikely to quit such assignments voluntarily, it is incumbent upon the appointing authority to put the dealer on notice to rule out foul play by vested interests, citing that the failure to make such an enquiry vitiates the action of easing out the dealer. The writ petition is disposed of with directions to the RDO to conduct an enquiry into the resignation; if found to be coerced, the petitioner shall continue as dealer, and pending such enquiry, the petitioner is permitted to continue as the fair price shop dealer.
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 toto issue a Writ, one in the nature of Writ of Mandamus or any other appropriate Writ, direction or order declaring the action of the respondents in not continuing the petitioner as an authorized fair price shop dealer of F.P. Shop No. 0816030 of Chervukommupalem village, Addanki Mandal, Prakasam District and making In-charge arrangements to another person as illegal and arbitrary and violative of the provisions of the Andhra Pradesh Schedule Commodities Control Order, 2018 , and consequently direct the respondents to continue the petitioner as an authorized permanent fair price shop dealer of F.P. Shop No. 0816030 of Chervukommupalem village, Addanki Mandal, Prakasam District in the interest of justice, and pass
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 to direct the respondents to continue the petitioner as Permanent F.P. Shop No. 0816030 of Chervukommupalem village, Addanki Mandal, Prakasam :: 8 :: District, pending disposal of the writ petition and pass
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 be pleased to vacate the interim orders dt: 27-07-2021 in WP.No.25366/2020 and dismiss the writ petition
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 permit the petitioner to be impleaded as Party / proposed respondent No. 6 in W.P.No. 25366 of 2020 and also in the pending Interlocutory Applications therein, in the interest of justice and pass
IA NO: 2 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 vacate the interim orders dated 27.07.2021 passed in IA No. 01 of 2020 in W.P.No. 25366 of 2020, in the interest of justice and pass
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 pleased to grant leave for filing of the reply affidavit to the counter affidavit of the 3rd respondent in W.P No.25366 of 2020 and to pass
IA NO: 2 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 pleased to grant leave to file the counter to the implead petition filed by the proposed 6th respondent in I.A. No. 1 of 2022 in Writ Petition No. 25366 of 2020 and to pass
Counsel for the Petitioner:
1. NAGENDRA BABU.U
Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES
2. NIMMAGADDA REVATHI
The Court made the following:
ORDER:
To declare the action of the respondents in not continuing the petitioner as an authorized fair price shop dealer for shop No.0816030 of Chervukommupalem Village, Addanki Mandal, Prakasam District and making in-charge arrangements to another person as illegal and arbitrary, the present writ petition is filed.
Heard Sri U.Narendra Babu, learned counsel for the petitioner, Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies and Ms.Nimmagadda Revathi, learned counsel for unofficial respondent.
Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that, in the year 2009, the petitioner was appointed as a permanent fair price shop dealer for the subject shop. He further submitted that, the 4th and 5th respondents along with political busy bodies and rowdy elements, came to his shop on 18.01.2020 and threatened him that they will foist a false case against him an
