Sri Shaik Althaf Hussain Vs the State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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THE HON’BLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 738 OF 2025

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Between:

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Sri Shaik Althaf Hussain, S/o Abdul Khader, aged about 51 years. Fair Price Shop Dealer, Shop No. 1038032,Resident of Dadepalle village, ChowdapalleMandal, Chittoor District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, rept., by its Principal Secretary, Food and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P.

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The Collector and District Magistrate, Chittoor District, Chittoor.

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The Joint Collector, Chittoor, Chittoor District,

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The Revenue Divisional Officer, Palamaneru, Chittoor^District.

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The Tahsildar, ChowdepalleMandal Chittoor District

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...RESPONDENTS

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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 of Mandamus or any other appropriate writ, order or direction, declaring the action of the respondents herein forcibly taken resignation from the petitioner as Fair Price Shop dealer vide shop No. 1038032, in Dadepalle village, Chowdepalle Mandal, Chittoor District, as illegal, arbitrary, without Jurisdiction in violation of Articles 14, and 21 and of the Constitution of India and in utter of breach of principles of natural justice and consequently direct the respondents to restore my

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authorization as Fair Price Shop dealer vide shop No. 1038032, in Dadepalle village and release essential commodities to my F.P shop No. 1038032, Dadepalle village, Chowdepalle Mandal, Chittoor District forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the writ petition, the Fligh Court may be pleased to direct the respondents herein, to issue essential commodities to the petitioner herein, by restoring the petitioners F.P shop No.1038032, in Dadepalle village, Chowdepalle Mandal Chittoor District forthwith, pending disposal of the above Writ Petition.

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Counsel for the Petitioner:SRI GNANESWARA RAO MITTIREDDI

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Counsel for the Respondents No.1 to 5: GP FOR CIVIL^SUPPLIES

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The Court made the following: ORDER

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f

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APHC010014952025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3311]

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THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION NO: 738/2025

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Between:

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Sri Shaik Althaf Hussain

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT{S)

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Counsel for the Petitioner:

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1.GNANESWARA RAO MITTIREDDI

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Counsel for the Respondent(S):

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1.GP FOR CIVIL SUPPLIES

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The Court made the following Order:

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

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“...to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the respondents herein in forcibly taken resignation from^the petitioner as fair price shop dealer vide shop

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w

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W.P.No.738 of 2025

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No. 1038032, Dadepalle village, Chowdepalle Mandal, Chittoor District, as illegal, arbitrary, without Jurisdiction in violation of Articles 14, & 21 of the Constitution of India and in utter of breach of principles of natural justice^and consequently direct the respondents to restore petitioner’s authorization as fair price shop dealer for shop No. 1038032, in Dadepalle Village and release essential commodities to petitioner’s fair price shop No. 1038032, Dadepalle Village, Chowdepalle Mandal, Chittoor District forthwith and pass...”

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The petitioner is a permanent dealer for fair price shop No. 1038032, Dadepalle Village, Chowdepalle Mandal, Chittoor District appointed in the year 2009.

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The main contention of the petitioner was that the S''" respondent and the Deputy Tahsildar approached the petitioner and forcibly obtained his signature on resignation letter in the first week of August, 2024.

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The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions of the 5“^ respondent dated 09.01.2025, denying the allegations of the petitioner and further stating that temporary arrangement had been made by keeping VRA of Durgasamudram Village as in charge for distribution of commodities.

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The written instructions do not indicate that the resignation of the petitioner was accepted. Therefore, it is still under consideration.

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W.P.No.738 of 2025

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Since the petitioner is alleging that it is forcibly taken, the appointing authority has to follow the procedure indicated by this High Court in Chinnareddigari Sambasiva Reddy vs. Government of Andhra Pradesh\ wherein, at para 16, it is held as follows; “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^ofthe 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

2015 (1) ALD 645

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W.P.No.738 of 2025

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permitted to continue as such under the authorization held by him.”

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In the light of above decision of this Court, the writ petition is disposed of with a direction to the respondent authorities to follow the above directions scrupulously. Further the supply of commodities to the petitioner shall be continued as usual, till the decision is taken as per law.

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There shall be no order as to costs.

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Pending miscellaneous applications, if any, shall stand^closed.

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\

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To.

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SD/- K. TATA RAO //TRUE COPY// DEPUTY REGISTRAR

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SECTION OFFICER