Disposed¶37

Renuka Yellamma Mahila Self Help Group v. the State of Ap

Writ Petition under Article 226 – Fair Price Shop dealership

Andhra Pradesh HC19 Jan 2025WP/1406/2025

Download

Case brief

AI extract

What is this about?

AP High Court Amaravati; W.P.No.1406 of 2025; decided 20.01.2025 by Justice B S Bhanumathi; fair price shop temporary dealer; coerced/forced resignation dated 08.12.2024; acceptance without prior notice or enquiry on 10.12.2024 (Rc. E/641/2024); entrustment to VRA; violation of natural justice; AP State Targeted Public Distribution System (Control) Order, 2018; mandamus under Article 226; relies on Chinnareddigari Sambasiva Reddy vs. Government of Andhra Pradesh, 2015 (1) ALD 645; impugned order set aside; dealer continued; Prakasam District, Donakonda Mandal.

What did the court decide?

Impugned order vide Rc.E/641/2024, dated 10.12.2024 set aside; petitioner continued as the fair price shop dealer as usual; no order as to costs. ¶37

Renuka Yellamma Mahila Self Help Group Vs… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Impugned order vide Rc.E/641/2024, dated 10.12.2024 set aside; petitioner continued as the fair price shop dealer as usual; no order as to costs.

¶37

Issue for consideration

Whether the order issued by the 4th respondent vide Rc. E/641/2024 dt:10-12-2024, accepting the petitioner's allegedly coerced resignation dated 08.12.2024 and entrusting distribution work to the VRA without prior notice and without following due procedure under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, is illegal, arbitrary and violative of principles of natural justice, and liable to be set aside.

¶25

Court's answer

In view of the decision in Chinnareddigari Sambasiva Reddy vs. Government of Andhra Pradesh (2015 (1) ALD 645), the impugned proceedings vide Rc.E/641/2024, dated 10.12.2024 (acceptance of the resignation without notice or due enquiry) are illegal and liable to be set aside.

¶36

Ratio / Principle

The writ petition is disposed of: the impugned order vide Rc.E/641/2024, dated 10.12.2024 is set aside and the petitioner shall be continued as the dealer as usual.

¶37

Detailed headnote1 paragraphs

Writ Petition under Article 226 — Fair Price Shop dealership — Petitioner (Mahila Self Help Group), temporary dealer of fair price shop No.0805005, Narasimhanayunipalem Village, Donakonda Mandal, Prakasam District (authorization valid up to 31.03.2025), resigned on 08.12.2024 alleging pressure by the Village Revenue Assistant, Village Revenue Officer and the 6th respondent — 4th respondent accepted the resignation on 10.12.2024 vide Rc. E/641/2024 and entrusted distribution to the VRA, without prior notice, based merely on the 5th respondent's report dated 09.12.2024, and without following the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 — Relying on Chinnareddigari Sambasiva Reddy vs. Government of Andhra Pradesh, 2015 (1) ALD 645, the Court held the impugned proceedings illegal and liable to be set aside — Writ petition disposed of; impugned order set aside; petitioner continued as dealer; no costs.

¶1

APHC010025992025

¶2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶3

(Special Original Jurisdiction)

¶4

[3311]

¶5

MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

¶6

PRESENT

¶7

THE HONOURABLE MS JUSTICE B S BHANUMATHI

¶8

WRIT PETITION NO: 1406/2025

¶9

BETWEEN:

¶10

RENUKA YELLAMMA MAHILA SELF HELP GROUP

¶11

...PETITIONER

¶12

AND

¶13

THE STATE OF ANDHRA PRADESH AND OTHERS

¶14

...RESPONDENT(S)

¶15

COUNSEL FOR THE PETITIONER:

¶16

1.M.M.M SRINIVASA RAO

¶17

COUNSEL FOR THE RESPONDENT(S):

¶18

1.GP FOR CIVIL SUPPLIES

¶19

The Court made the following: ORDER:

¶20

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:

¶21

“…to issue a writ or direction preferably writ of mandamus declaring the order issued by the 4^th respondent vide Rc. E/641/2024 dt:10-12-2024 accepting the petitioner’s resignation dt:8-12-2024 and entrusting the distribution work to the VRA in respect of fair price shop No.0805005, Narasimhanayunipalem Village, Donakonda Mandal, Prakasam District, without issuing any

W.P.No.1406 of 2025

Dt: 20.01.2025

notice to the petitioner before accepting the resignation and without following due procedure under the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 is illegal, arbitrary and violative of principles of natural justice and consequently set aside the order dt:10-12-2024 by allowing the petitioner to run the shop as usual till his appointment is valid, and pass…”

¶26

¶27

The case of the petitioner is briefly as follows:

¶28

The petitioner was appointed as temporary dealer of fair price shop No.0805005, Narasimhanayunipalem Village, Donakonda Mandal, Prakasam District by the Sub Collector, Kandukur vide L.Dis.F/567/2021. The authorization of the petitioner is valid up to 31.03.2025. While the matter stood thus, the Village Revenue Assistant, the Village Revenue Officer, along with the 6^th respondent, came to the fair price shop of the petitioner and pressurized her to submit resignation. As such, the petitioner forcefully submitted resignation on 08.12.2024. Basing on the report of 5^th respondent dated 09.12.2024, acceptance of the alleged resignation of the petitioner on 10.12.2024 by the 4^th respondent without issuing any prior notice is illegal and arbitrary. Having no other alternative remedy, the petitioner approached this Court by filing this writ petition.

¶29

The learned counsel for the petitioner submitted that the petitioner had given letter of resignation due to pressure on 08.12.2024, but without conducting due enquiry, based merely on the report on 09.12.2024, the resignation was accepted on 10.12.2024 and therefore the impugned proceedings vide Rc.E/641/2024, dated 10.12.2024 is illegal in view of the decision of the high court in Chinnareddigari Sambasiva Reddy vs. Government of Andhra Pradesh¹ , wherein, at para 16, it is held as follows:

1 2015 (1) ALD 645

W.P.No.1406 of 2025

Dt: 20.01.2025

“Ordinarily, no fair price shop dealer would like to quit his assignment. If such extra-ordinary desire is expressed by any dealer, it is incumbent upon the appointing authority to put the dealer on notice before accepting the resignation as, foul play by vested interests cannot be ruled out. Therefore, I cannot appreciate the action of respondent No.3 in purporting to ratify the hasty and unauthorised action of respondent No.4 without even trying to get the confirmation from the petitioner as to whether he has sent his resignation out of his free will or the same is secured by any vested interests by force. The failure of respondent No.3 to make an enquiry in this regard by issuing notice to the petitioner vitiates the entire action of respondent Nos.3 and 4 in easing out the petitioner from the fair price shop dealership. As respondent No.3 has not properly exercised his jurisdiction in acting on the purported resignation of the petitioner, his action culminating in acceptance/ratification of resignation of the petitioner is declared as illegal and the impugned order is, accordingly, set aside. As the petitioner is inclined to continue as the fair price shop dealer, he shall be permitted to continue as such under the authorization held by him.”

¶35

The learned Assistant Government Pleader for Civil Supplies represented that he has no written instructions, however, submitted to dispose of the petition as per law.

¶36

In view of the above decision, the impugned proceedings vide Rc.E/641/2024, dated 10.12.2024 is illegal and therefore it is liable to be set aside.

¶37

Accordingly, the writ petition is disposed of and the impugned order vide Rc.E/641/2024, dated 10.12.2024 is set aside. The petitioner shall be continued as the dealer as usual.

¶38

¶39

W.P.No.1406 of 2025 Dt: 20.01.2025

¶40

There shall be no order as to costs.

¶41

Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed.

¶42

___________________ ___ JUSTICE B.S. BHANUMATHI

¶43

Date: 20.01.2025 DSV

¶44