High Court · 2025

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction more particularly in the nature of WRIT OF MANDAMUS declaring the impugned order passed by 3rd Respondent in Proc.No.l/182312023 dated 22.8.2024 reinstating sth Respondent as dealer of F.P.Shop No 413007 (previously F P Shop No.6 ) of Juntupaily viilage as arbitrary, illegal and against the principles of natural justice and consequently direct the 3rd respondenl to consider the representation made by the petitioner dated 4.7.2023 for her appointment as RP shop dealer Shop No.413007 (previously shop no.6) of Juntupally village. l.A.NO:1 oF 2025 PetitionUnderSectionl5lCPCprayingthatinthecircumstancesstatedin theaffidavitfiledinSupportofthepetition,theHighCourtmaybepleasedto suspend the impugned proceedings passed by 3rd Respondent in Proc No 1t1823t2l23dated228'2024reinstating5thRespondentasdealerofFPShop No.413007 (previously F P.Shop No 6) of Juntupally village' Yalal mandal' Vikarabad district pending disposal of writ petition Counsel for the Petitioner : SRI YOGESH KUMAR HEROOR Counsel for the Respondent Nos'1 & 2 : GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos'3 & 4 : GP FOR REVENUE Counsel for the ResPondent No'S : -- The Court made the following ORDER .I'IIE TION'BI-E SMT. JUSTICE I" N{ADHAVI DEVI WRIT PETITION No.7l27 of 2025 ORDER: This Writ Petition is filed challcnging the irnpugned order passed by respondent No.3 in Proc'No'l/l 82312023' dared22'08'2024' reinstating respondent No.5 as the clcaler of Fair Price Shop No.413007 (previously 1".P.Shop No 6) ol 'luntupalty village' Yalal Mandal, Vikarabad District as illegal and arbitrary' Learned counsel lbr the pctrltoner submitted that respondent 2. No.5 was appointed as an authorized clealcr ol Fair Price Shop No.413007 (previously l'P'Shop No'6) of JLrntupally village' Yalal Mandat, Vikarabad District ancl his clealcrship was valid upto 3 t.03.2013. ln the meantime, there 'uvere ceftain altegations of variations in the stock maintained by hiru as a Fair Price Shop dealer and the proceedings under Section (r-A of the Esscntial commodities Act,1955(hereinafterreferredtoas..theAct',),wereinitiatedandthe same were concluded on 30' t I 20 l2 contlscating 100% ol the seized stocks on the ground that respondent No'5 l'aited to prove his case' Learnedcounselforthepetitionerfunhersubrnittedthat'thereafter' the petitionel was appointed as a temporary clcaler of said Fair Price 2 TMD,I wp.t121_2025 --l Shop and has been supplying the commodities in accotdance with the guidelines. IIowcver, all of a sudden, respondcnt No.J issued the inrpugned order datcd 22.08.2024, reinstating resllondent No.5 as thc ['-air l'rice Shop dealer upon paylnent ol a pcnalty of'|ts.10,764l-, without any basis. Learned counsel lor the petitiottet' also subnritted that the petitioner made a representation dated 0'1.07.2023 to respondent No.3 requesting to appoint him as the l)crrtlarlcnt dealer of the Fair Pricc Shop, but the same has not been considcred so far. 'fherefore, learned counsel for the petitioner is secking a direction to rcspondent No.3 to consider the representation of thc pclitioncr

3. 'Ihis Courl had issued notice to respondcnt No.5 and in spite of seruice ol notice, there is no appearance on behall' ol thc respondent No.5. Therefore, it is presumed that respondent No.5 is not interested to contest th is rnatter

4. Ilespondent No.3 has filed a counter aff]darit stating that tl.re proceedings under Section 6-4' of the Act u,erc concludcd ou

30.11.2012 and that the petitioner, who was thc DWCttA group leader, was given charge of the said Fair Price Shop. lt is tunher stated that thc lespondent No.5 has filed a representalion in thc office f TI\4 D,J wp_172/ 2025 of respondent No.3 with a request to hand over the said Fair Price Shop, which was operated by him. Thcrctbre. respondent No.3 erarrrined the said represenLation and taking a lenicnt vicw as his first mistake issued proceedings dated 22.08.2024. reinstati ng respondent No.5 as the Fair Price Shop dcalet' on pa,\'mcnt ol a penalty ol' Rs.10,764l- and ordered the petitioner to hand over the said lair price shop to respondent No.5.

5. However, the counter affidavit docs not rncntion the date of the representation submitted by respondent No.5, nor does the impugned order ret'er to any such representation. 'l'lre only rcf'crence is to the statement of respondent No.5 dated 17.08.2014

6. This Court finds that the dealership of responderrt No.5 was valid only upto 31.03.2013 and lcspondcnt No.5 doc-s rrot seem to have made any representation fbr the rcnewal of his dealership thereafter and there were no proceedings extcndirlg his dealership. Therefore, the respondent authorities cor-rld not have reinstated respondent No.5 as the Fair Price Shop dealer. ln vicw of the same, the impugned order dated 22.08.2024 issued by respoudcnt No.3 is set aside. The application of the petitioner to continue hirn as the Fair 4 TMDJ wp 11,21 -2025 -I price Shop dealer may be considered by the resporrdent attthorities in accordance with the rules l. With the atrove observations, this Writ Pctition is disposcd ol' There shall be no order as to costs Miscellaneous applications, if any, pending in this Writ Petition. shall stand closcd //TRUE COPY// SD/.P- PONNA KRISHNA A IS ANT REGISTRAR SECTION OFFICER

1. The Principal Secretary, (Civil Supplies Department) Secretariat, State of Telangana at Hyderabad.

2. The District Coliector, (CS) RR district Now Vikarabad District 3. The Sub-Collector and Sub-Divisional Magistrate, (RDO) Tandur division at Tandur. Vikarabad District.

4. The Tahsildar, Yalal mandal at Yalal 5. Two CCs to GP FOR CIVIL SUPPLIES, High court for the state of Telangana at Hyderabad [OUT] Hyderabad lOUTl

6. Two'CCs to GP FOR REVENUE, High Court for the State of Telangana at 7 O'ne CC to sRl YOGESH KUMAR HEROOR, Advocate [oPUC] B. Two CD Copies To SA BS I I ,<4.. , r.'lE S14 rc i .) ... 1, 3 0 JUt ilUi \{,-\:.\i sn'i lil .rf.\)- .t/ ( !' c) s HIGH COURT DATED:1710712025 ORDER WP.No.7127 of 2025 DISPOSING OF THE W.P WITHOUT COSTS.