High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus, by declaring the action of the 2nd respondent in issuing order vide No. 11264612024 dated 21-11-2o24 by terminating the petitioner as deater of Fair price shop.No.2386001, Barnepaily viilage, Adivideverapaili Mandar, Nalgonda District, Telangana state as illegal and arbitrary, against the rures of civil supply and unconstitutional consequenfly to set aside the order of the 2nd respondent which is passed vide No. 1t264612024 dated 21-11-2o24 by terminating the petitioner as dealer of Fair price shop.No.23g6001 , Balnepally village, Adivideverapalli Mandal, Nalgonda District, Telangana state and reinstatethepelitionerasdealerofFairpriceshop'No'2386001'Balnepally Village, Adivideverrapalli lvlandal, Nalgonda District' Telangana Statr:' IA NO 10F 2024 PetitionUrderSection.l5lCPCprayingthatinthecircum:;tancesstated in the affidavit filed in support of the petition, the Hi$h Court may be pleased to direct the respondents to continue the petitioner as dealer of Fair price Shop.No.233600l,BalnepallyVillage,DamaracharlaMandal'Nal'qondaDistrict' by suspending tlle order of the 2nd respondent passed vide Nc 11264612024 petitioner as dealer 'rf Fair Price dated 21-11-20',24 Ad ivid everapalli Mandal, Nalgonda Shop.No.2386001, District, Telangana State, forthwith, pending disposal of the writ |:etition before this Hon'ble court. bv terminating the Balnepally Village, Counsel for the Petitioner: SRI DT.CHALLA SRINIVASA REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Gourt made the following: ORDER THE HONOURABLE SMT JUSTICE T.MADTIAVI DEVI w.P.t{o. 3381 7 0F 20.24 ORDER: In this writ petition, the petitioner is seeking a Writ of Mandamus declaring the action of the respondent No_2 in issuing order No.1/2646/2024 dated 21.11.2O24, terminating the dealership of the petitioner for Fair price Shop No.23g6O01, Balnepally Village, Adivideverapalli Mandal, Nalgonda Disrricr, Telangana State, as illegal, arbitrary and against the rules of civil supply and unconstitutional "rd .orsequJntly to set aslCe the same and to continue thc petitioner as dealer of the saicl Fair price Shop and to pass such other order or or,Cers in the intercst o[..;usticc.

2. Briei facts leaCing to the filing cf the present writ petitior, are that the petitioiler rvas appointed as a fair price shop dcaler .f fair price shop No.23g60or around fourtcen 1.'cals back and it is sr.ated that arcund four years baci.:.,.vith sur)pcrt oj- Iocal l4LA, Kanigiri Srinu, S/o.Harina_rayana. tlie shc:: cf tl-,e petiirciner- has beel iorcibly taken from hirn anci the l:aii.i i;ersc;: actcC as a dcal^;r in i-hc name oi the Fetif-ioner_ -..vi:itout his r:onsent and it is cli5r after the elcctions, thaa fhc petit:cner iras made rep-rcse r: ta.ticn <lated 24 .O9 .202.i ro the ) ) - respondent lb.2 with a requcst to hand over the fair price shop and after considering the representation of the petitioner, the respoudt:nt l\o.2 issued a circular to the responde:nt no'4 on

15.1O.2Ct24 -o take necessary acticn, but the petition':rr learnt that in 1,he last week of September-2024 itself, the aurthorities have haredec over the shop to another deaier as incharge' It is submittr:d tJrat Kanigiri Srinu, S/ o. Harinarayana rT'as having political influence in the Ivlandal and due to the same, he continued ar; a dealer in the place of the petitioner ir: spite of several <:om1>)aints filed by the petitioner. It is submitteC that in spite of knowing the above fact, the revenue author-i':ies have not takin anll action and that Kanigiri Srinu, r:akinpl arlvantage of the illiterare card holders of whom 8070 are belonging to ST Community, and he misused the commodities. It is srrbmitted that basring on the complainl made by the petitioner as well as other card holders only, the respondent No.4 hi,ts made enquiries art<l consequently, the respondent No.2 has directed to take over the shop. It is submitted that the pr:titioner's representatirn to handover the shop has not been c<:'nsidered and on the ,tther hand, vide proceedings dated 21.ll.'.,tO24' tt],.e authoriz:ed dealership of the petitioner has been c:ancelled. Challenl3ing the same, the present writ petition has been filed. ] 7 3

3. Learned counsel for the petitioner reiterated the above submissions.

4. Learned Government pleader for Civil Supplies has rblied upon the averments made in the counter aflidavit filed by the respondent No.2 and submitted that on enquiry conducted by the respondent No.4, it had come to the light that the petitioner was not running the tair price shop at Balnepally Villlage and that he has let out the tair price shop ro an unauthorized person by name IGnigiri Srinu, which is in clear violation of the rules and regulations of the TSPDS Control Order-2C 16 and further that the petitioner was also appointed as temporarily fair price shop iealer and since he .,rzas not maintaining the fair price shop anC he has not taken anv prior permission from the respondents before letting out the said fair price shop to Kanigiri Srinu, the respondent No.4 has tagged the fair pricc shop to a nearb-v fa.ir price shop to avoid iuconvenience to the fair pricc shcp carci holdcrs and the order daLcd 21.11.2024 cancelling the dcalership cf thc petitioner ha.s been passccl in accordance rvith rrles anC r.eguleticns. It is sub;ritted that the petitioler himseil has admittcci t.I.at he has \ noi been rnair:taining the fnii 1:iice shop fcr the past foui..l.lurs. 4 ... -- '- 'l - It is subrnitte(l that the contcntioi"t of the petitiorler thzrt the fair price shop was forcibly taken frcm hiin, is not substantiated by any polict: cornplaint or any representation from the petit ioner'

5. Having regard to the rival contentions eLnd the material on record., this Court finds that on the earlier or:casion, the petitioner had frled W.P.No.28600 | of '2024 fcrr non- consideration of his representation and this Court, vidc orders d.ated 24.7O.2()24, lnad directed the respondents to consrder the repl'esentation of the petitioner and to pass appropriatt ' orders thereon. Accor:dingly, the respondents appear to hav': inade enquiries an<l have passed the impugned order. Hou'ever, it appears t-hat no notice has been given to the petitiorter and no explanation LLas been called for from him beforc cancellation of his authc,riza:ion.

6. IIr view thereot this Court deems it 1-rt ancl proper to set aside the impugned order dated 21.11.2024 and direct the respondents to give an opportunity of hearing to the p':)titioner and thereafter. pass appropriate orders in accorciance with 1arv. 7 . A ccordingly, this writ petition is disposecl c f. There shall be no order as to costs \ t l ; 'i. 5

8. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. To, //TRUE COPY// SD/.T. TIRUMALA DEV] DEPUTY REGISTRAR SECTION OFFICER State of Telangana. 1 The Prl Secreatary, Civil Supplies Departme ecreatariate Hyderabad, 2 The sub-coilector (civir suppries), Nargonda District, at Nargonda, Nargonda District, Telangana 5tate. District, Telangana State.

3. The Revenue Division-al Officer, Miryalaguda, at Miryalaguda, Nalgonda 4' The Tahasildar, Adivideverapaili Revenue Mandar, Nargonda District, 5. One CC to SRt DT.CHALLA SR|NiVASA REDDY, Advocate tOpUCl Telangana State.

6. Two ccs to GP FoR crvrl supplrES, High court for the state of rerangana at Hyderabad [OUT]

7. Two CD Copies BSR BS HIGH COURJ DATED:1410512025 ORDER WP.No.33817 of 2024 a:-.- -. it! o - at ,l \ q 23 rii ilzi -t i,-Ll t' ,../.tt DISPOSING OF THE WRIT PETITION' WITHOUT COSTS ,\ s I 1 i, TL