HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.1221 of 2014 Date: 23-01-2014 Between:
Manasa Mahila Sakthi Sangam .. Petitioner AND The State of Andhra Pradesh, represented by Its Ex-Officio Secretary-cum-Commissioner of Civil Supplies, Somajiguda, Hyderabad and 3 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.1221 of 2014 ORDER:
This writ petition is filed seeking a mandamus for declaring the notice of the 3rd respondent-Revenue Divisional Officer, Kakinada, East Godavari District vide Ref. No.H/2750/2013, dated 27-12-2013 received by the petitioner on 20-01-2014 as illegal and arbitrary and for a consequential direction to the respondents to continue the petitioner Sangam as F.P. shop dealer of Shop No.6 of Pasuvullanka, I. Polavaram Mandal, East Godavari District.
2. The petitioner is a DWCRA (Development of Women and Children in Rural Areas) Group consisting of women members of Pasuvullanka village, I. Polavaram Mandal, East Godavari District. It is stated that the petitioner Sangam having formed in the year 2010 applied for appointment to fair price shop No.6 in the village when a vacancy has arisen due to the death of the dealer of the said shop and the petitioner was appointed as fair price shop by the 3rd respondent on temporary basis and the petitioner Sangam has been distributing the commodities to the card holders attached to that fair price shop without any complaint. While so, the Sarpanch of the Gram Panchayat, who was elected in the Gram Panchayat elections in 2003, bore grudge against the petitioner society for not supporting him in the elections and that due to some political pressure by the local M.L.A., the petitioner sangam was removed by the 3rd respondent vide notice in Ref.No.H/2750/2013, dated 27-12-2013 cancelling the temporary dealership of the petitioner Sangam and handing over the in charge duty to the neighbour fair price shop dealer. Aggrieved by the same, the present writ petition has been filed.
3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies.
4. Learned counsel for the petitioner submits that the impugned proceedings was issued due to the political pressure by the local M.L.A. only and was issued without affording personal hearing and without giving any show cause notice and that the same is liable to be set aside.
5. Admittedly, the petitioner Sangam was appointed as fair price shop dealer purely on temporary basis vide proceedings dated 25-02-2011 in respect of Shop No.6 of Pasuvullanka village, I. Polavaram Mandal, East Godavari District, but subsequently, through impugned proceedings dated 27-12-2013, the petitioner was relieved from the duties as a fair shop dealer in respect of the subject shop on the account of the petitioner being appointed as in charge dealer on temporary basis, which is stated to be contrary to the provisions of clause 5 (6) of the A.P. Public Distribution System (Control) Order, 2008. The in charge arrangement of the said shop was made to the neighbouring fair price shop dealer. By the impugned proceedings the petitioner was appointed as in charge dealer purely on temporary basis, but through the impugned proceedings the petitioner was relieved from the said shop since the same is temporary arrangement which is contrary to the Control Order, 2008. It is not known as to why the petitioner was appointed on temporary basis when the process of regular appointment is in existence.
6. Therefore, having due regard to the factum of issuing guidelines under G.O.Ms.No.21 CAF & CS (CS-I) Department, dated 19-05-2008 by the Government for appointment of fair price shop dealers on permanent basis, I deem it appropriate to direct the 3rd respondent-Revenue Divisional Officer, Amalapuram, to take necessary steps to appoint fair price shop dealers on permanent basis in respect of Shop No.6 of Pasuvullanka village, I. Polavaram Mandal, East Godavari District in accordance with the said guidelines within a period of eight (8) weeks from the date of receipt of a copy of the order. Till such permanent arrangement is made, the petitioner shall be continued as a fair price shop dealer in respect of the subject shop enabling to distribute the essential commodities to the cardholders.
6. With the above directions, the writ petition is disposed of. No costs. As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 23-01-2014 Ksn