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 an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ order declaring the action of the respondent No. 3 authority in issuing a notification in C11258812025-1 , dated 0B- 04-2025, in so far it relates to the serial number 23, and corresponding newly formed fair price shop number FP No. 2060035, i.e., (Tamil Colony, Asif Nagar Village), of Kothapalli Mandal of Karimnagar District, is concerned, without waiting for the orders to be passed by the respondent No. 5 in pursuance of proceedings addressed by the respondent No. 4 dated 16-05'2023, for oL- cancellation of the said newly formed fair price shop is concerned is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14 and 21 of the Constitution of lndia. Consequently set aside the same. IA NO: 1 OF 2025 Petition underr {iection 151 CPC praying that in the circumrstances stated in the affidavit filed ir support of the petition, the High Court may be pleased to suspend the notific;ation issued by the respondent No. 3, in C" 1258812025-1, dated 08-04-2025, n ,so far it relates to the serial number 23 and corresponding newly formed fair prir;e shop number FP No. 2060035 is concernr:d, thereby not to take up any appointment to the said bifurcated fair price shop ol the petitioner i.e., Tamil Colony Asir Nagar Village of Kothapalli Mandal of Karin,nagar District- Counsel for the Petitioner: SRI K.VENUMADHAV Counsel for the Respondents: GP FOR CIVIL SUPPLIES WRIT PETITION NO: 11127 OF 2025 Between:

1. B. Pruthviraj, S/o. Rajamouli, Age. 28 Years, Occ. Fair Prrc:: Shop Dealer Qtrop No 2060C01, Rl/o. Rekurthi Village, Kothapalli Mandat, Kaiimnagar District.

2. G Vljgya, W/r:. Rajender, Age. 51 Years, Occ. Fair Price Shop Dealer Shop No. 2060009, R/c. Rekurthi Village, Kothapalli Mandal, Karimnagar District. 3. S. Uma Devi, W/o, Srinivas, Age. 43 Years, Occ. Fair Price Shrip Dealer Shop No. 2060010, R/,r. Seetharampur Village

4. D Vanaja, W/o. Ravi, Age. 49 Years, Occ. Fair Price Shop Dr:aler Shop No. 2060021, R/o. Asifnagar Village, Kothapalli Mandal, Karimnaga- District. 5. G. Maruthi, Sto. Laxminarayana, Age. 58 Years, Occ. Fair Price Shop Dealer Q!-rop No. 2060A17, R/o. Nagulamalyal Village, Kothapalli lrrlancal, Kaiimnagar District.

6. 9untapelli Ravinder, Q/o-Chandraiah, Age.50 Years, Occ. Fair Price Shop 9ealer Shop No. 2060006, R:/o. Malkapur Village, Kothapalli Mandai, Karimnagar District. AND

1. The State of Telangana, represented bV its principal Secretirrv. Consumer Affairs, Food and Civil Supplies, Secretariat Buildingi, Hyderab,rd. 2 The Collector (CS), Karimnagar District, Karimnagar. ...PETITIONERS -5

3. The Revenue Divisional officer, Karimnagar Division, Karimnagar proper and District.

4. The Tahsildar, Kothapalli Mandal, Kothapalli, Karimnagar District. 5. The Commissioner of Civil Supplies, Telangana State, Civil Supplies Bhavan, Somajiguda, Hyderabad. ...RESPONDENTS 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 an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ order declaring the action of the respondent No. 3 authority in issuing a notification in C1l2SBAt2O25-1 , dated 08-04-2025, in so far it relates to the serial number 13,21 ,22,25,24 and 17, and corresponding newly formed fair price shop numbers Fp No. 2060025, 2060033, 2060034, 2060037, 2060036 and 2060029 i.e., Rekurthy Viilage, Rekurthy Village, Seetharampur Village, Asif Nagar Village, Nagula Mallial Village, Malkapur Village of Kothapalli Mandal of Karimnagar District, is concerned, without waiting for the orders to be passed by the respondent No. 5 in pursuance of proceedings addressed by the respondent No's. 2 and 3 dated 22-09-2023 and 05-10-2023, for cancellation of the said newly formed fair price shops is concerned, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14 and 21 of the Constitution of lndia. Consequently set aside the same. lA NO: 1 OF 2025 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 suspend the notification issued by the respondent No. 3, in C11258812025-1, dated 08-04-2025, in so far it relates to the serial number 13, 21,22,25,24 and 17, and corresponding newly formed fair price shop numbers FP No. 2060025, 2060033, 2060034, 2060037, 2060036 and 2060029 is concerned, thereby not to take up any appointments to the said bifurcated fair price shops of the petitioners i.e., Rekurthy Village, Rekurthy Village, Seetharampur Village, Asif Nagar Village, Nagula Mallial Village, Malkapur Village of Kothapalli Mandal of Karimnagar District. _lr Counsel for the Petitioner: SRI K.VENUMADHAV Counsel for the Respondents: GP FOR CIVIL SUPPLIES WRIT PETITION NO:12221 OF 2025 Between: Boga Rajesham, S/o. Bhumaiah, Age. 53 Years, Occ. Fair Pri:;e Shop Dealer Sh6p No. 2060004, FUo. Kothapalli Village and ltlandal, Karimnagar District. AND

1. The State of -,'elangana, represented by its Principal Secretary, Consumer Affairs, Food anC Civil Supplies, Secretariat Buildings, Hyderat,ad. ...PETITIONER The Collector (C;S), Karimnagar District, Karimnagar. 2 3. The Revenuer Divisional officer, Karimnagar Division, Karimnagar Proper and District.

4. The Tahsilda", Kothapalli Mandal, Kothapalli, Karimnagar Distr ct. 5. The Commissioner of Civil Supplies, Telangana State, Civil Sr.tpplies Bhavan, Somajiguda. HyCerabad. ..RESPONDENTS Petition under Article 226 of the Constitution of lndia pra)'ing that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in thr,r nature of writ of mandamus or any other appropriate writ order declaring ther action of the respondent No. 3 authority in issuing a notification in C112588i2025-1 , dated 08-04-2025, in so far it relates to the serial number '16, and corresponding newly formed fair price shop number FP No. 2060028, i.e., (Kothap;,rlii Village), of Kothapalli Mandal of Karimnagar District, is concerned, without uiaiting for the orders to be passed by the respondent No. 5 in pursuance of proceedings addressed by the resoondent No. 4 to respondent No. 3, in turn lhe respondent No.3 to respondent No.2, in turn the respondent No.2 to respondent No. 5, dated -05-2023, -Cl6-2023 and 01-07-2023, for cancellation of rhe said newly formed fair price shop is concerned, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of ,r\rticles 14 and 2'1 of the Constitutir:n of lndia: Consequently set aside the same. -5 lA NO: 1 OF 2025 Petition under section i 5'l cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the notification issued by the respondent No. 3, in c1t258gt2o2s-1 , dated 08-04-2025, in so far it relates to the serial number 16 and corresponding newly formed fair price shop number Fp No. 206002g is concerned, thereby not to take up any appointment to the said bifurcated fair price shop of the petitioner i.e., Kothapalli Village of Kothapalli Mandal of Karimnagar District. Counsel for the Petitioner: SRI K.VENUMADHAV Counsel for the Respondents: Gp FOR CIVIL SUPPLIES The Court made the following: COMMON ORDER '* C. I I I I l I I i E THE HONOIJRBLE SMT. JUSTTCE T. MADHAVI DEVI WRIT PBT"ITION Nos.11 094 ll27 andl222l of2025 I COMMON OI{DER Thcse \\'ri Petitions are filed by the respective p( titroners challenging tlic notification in C I /2588 12025-l dated 08,04.2025 issued by respondent No.3 for appointment of dealers for the lair price shops at Rekurthl Vitlage, Seetharampur Village, Asif Nagar Village, Nagula Mallial \illage, Malkapur Village and Kothapalli \illage of Kothapalli \,{xn,.lril, Karimnagar District, along with other lhir price shops in Kalimnrgar District, as illegal and arbitrary.

2. Sir-rce tht: common issue is involved in all these writ letitions, they were taker rp and heard together and are being dispo: ed of by this common a r,.l consolidated order.

3. 'lhe pet.itioners in this batch of writ petitions are air price shop dealers mentioned in their writ petitions. There u'as a ploposal to bifurcate the sartl ration shops of the petitioners in accordlnce with G.O.Rt.No.55 dated 12.05.2015 and there was a challenge trr the said bifi-rrcatior-r proposal before this Court. However, this Cour1, vlde odel dated 26.(v1.2023 in W.P.Nos.23343 of 2022 and batcr, upheld TMDJ wp 11094, t 1t27 & 12221 2025 2 the proposals for bifurcation on the ground of rationalization of shops. Thereafter, the MPP Kothapalli and the President of ration shop dealers have made representations to the Collector-respondent No.2 for cancellation of the bifurcation of the petitioners' shops in view of the changed scenario of nationwide portability of foodgrains Respondent No.3, vde letter dated 22.09.2023, requested respondent No.2, to revise the proposal for the cancellation of the newly sanctioned fair price shops and respondent No.2 vide letter dated

05.10.2023 endorsed the said request of respondent No.3 to respondent No.5, requesting to issue suitable orders in view of implementation of the nationwide portability in food grains for the cardholders as per G.O.Ms.No. 15 dated 13.01 .2018 and observing that the issue of cancellation of the new t-air price shops needs reconsideration. The grievance of the writ petitioners is that though respondent No.5 has not yet taken any decision on the above referred proposals and in the meantime, respondent No.3 has issued the impugned notification dated 08.04.2025 for recruitment of the authorized dealers for 26 shops which included the shops bifurcated from the shops of the petitioners in these writ petitions. Challenging the same, the present writ petition is filed. TIVlI]J \\p li )9,1. lll27& t222t 1025 3

4. Learne:c Govemment Pleader for Civil Supplies, a ppearing lor the respon<ler.ts, relied upon the averments made in tilt counter affidavit and the <locuments filed therewith and submitted that earlier, the proposals cf respondents No.2 and 3 dated 01.07.2i23, for cancellation o1 ;auctioned new fair price shops, have alrelLdy been rejected F.espondent No.5 vide letter dated 20.07.2r)23 and thereafter, that rt:spondent No.3 has issued the present nolihcation dated 08.04.201r lbr selection of authorized dealers for the new fair price shops

5. Ilouevl:r. on perusal of the material on record, tliis Courl finds that sub rr:qucnt to the order of respondent No 5 dated

20.01 .2023, respondents No.3 and 2 have sent fresh proposals dated

22.09.2023 antl )5.10.2023 respectively by referring to G.O.lt4s.No.15 dated 13.07.2() lt and therefore, respondent No.5 is yet 10 take a decision on thc sat.ne. Since the notification has already be,:n issued and the last dat; lor submission of applications is closed, this Courl deems it fit an,J proper to direct respondent No.5 to take a de cision on the proposals ,r'- respondents No.3 and 2 dated 22.09.1023 and

05.10.2023 respeoti\rely in respect of petitioners shops and the new shops bifurcatecr therefrom and pass appropriate orders ther,.:on on or 4 TMDJ wp_t t094, I t12't &. t2221 2025 r') before 05.05.2025 and thereafter, the respondents may proceed with the recruitment of the authorized dealers for the new bifurcated shops, if necessary. Respondent No.1 is also directed to look into the matter and frame fresh guidelines pursuant to G.O.Ms.No.15 dated

13.01 .2018 issued by the Govemment.

6. With the above directions, these Writ Petitions are disposed of. There shall be no order as to costs.

7. Miscellaneous applications, if any, pending in these writ petitions, shall stand closed. //TRUE COPY// SD/-A. SRINIVASA REDDY ISTANT REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Consumer Affairs, Food and Civil Supplies, Secretariat Buildings, Hyderabad, State of Telangana. 2. The Collector (CS), Karimnagar District, Karimnagar. 3. The Revenue Divisional officer, Karimnagar Division, Karimnagar Proper and District.

4. The Tahsildar, Kothapalli Mandal, Kothapalli, Karimnagar District. 5. The Commissioner of Civil Supplies, Telangana State, Civil Supplies Bhavan, Somajiguda, Hyderabad.

6. One CC to SRI K.VENUIUADHAV, Advocate [OPUC] 7. Two.CCs to.GP F.,OR CIVIL SUPPLIES, High Court for the State of Telangana at Hyderabad [OUT]

8. Two CD Copies BSR BS 6 I I I I ' I HIGH COURT DATED:2410412025 COMMON ORDER CC TODAY -- - :_::-: __-.. 1t\lj Sl l.i t ( o a ) ? E irr 295 a)/ ?,, *-i...\- WP.Nos.11094, 11127 and 12221 of 2025 DISPOSING OF ALL THE WRIT PETITIONS. WITHOUT COSTS q @tP' W