HIGH COURT OF JUDICAT URE AT HYDERABAD FOR T HE ST AT E OF T ELANGANA AND T HE ST AT E OF ANDHRA PRADESH WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND FOURTEEN :PRESENT:
T HE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WP NOS.36998, 37006, 37024 & 37030 OF 2014 WP NO.36998 OF 2014 :
Between:
Sarojini Self Help Group, rep. by its Group Leader -
Smt. Uddagiri Ramasubbamma, W/o Uddagiri Subbarayudu, aged about 43 years, Dealer of F.P. Shop No.4, 8/32, Dommaranandyala Village, Mylavaram Mandal, Kadapa District.
. Petitioner AND
1. The State of A.P., rep. by its Principal Secretary, Civil Supplies Dept., A.P. Secretariat, Secretariat Buildings, Hyderabad.
2. The Joint Collector, Kadapa District, Kadapa.
3. The Revenue Divisional Officer, Jammalamadugu, Kadapa District. 4.Tahsildar, Mylavaram Mandal, Kadapa District.
. Respondents Petition filed under Article 226 of the Constitution of India praying that in the circumstances stated in the petition and the affidavit filed herein, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned order of the 3rd respondent vide Ref.B/929/2004 dated 06-10-2014 canceling the Authorization of the petitioner herein in respect of Fair Price Shop No.4, Ward Nos.8, 9 and 10 of Dommaranandyala Village, Mylavaram Mandal, Kadapa District, as arbitrary, illegal, contrary to law and also violative of principles of natural justice while directing the respondents to continue the petitioner as Dealer of said Fair Price Shop as usual.
WP NO.37006 OF 2014 :
Jamal Valli Swamy Self Help Group, rep. by its Group Leader – Smt. Tholamadugu Rajiya Bee, W/o Sayad Basha, aged about 34 years, Dealer of F.P. Shop, (Ward Nos.1 & 2) 1/109, Dommaranandyala Village, Mylavaram Mandal, Kadapa District.
. Petitioner AND
1. The State of A.P., rep. by its Principal Secretary, Civil Supplies Dept., A.P. Secretariat, Secretariat Buildings, Hyderabad.
2. The Joint Collector, Kadapa District, Kadapa.
3. The Revenue Divisional Officer, Jammalamadugu, Kadapa District. 4.Tahsildar, Mylavaram Mandal, Kadapa District.
. Respondents -2-
Petition filed under Article 226 of the Constitution of India praying that in the circumstances stated in the petition and the affidavit filed herein, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned order of the 3rd respondent vide Ref.B/1088/2010 dated 14-10-2014 canceling the Authorization of the petitioner herein in respect of Fair Price Shop of Ward Nos.1 and 2 of Dommaranandyala Village, Mylavaram Mandal, Kadapa District, as arbitrary, illegal, contrary to law and also violative of principles of natural justice while directing the respondents to continue the petitioner as Dealer of said Fair Price Shop as usual.
WP NO.37024 OF 2014 :
Markandeya Swamy Self Help Group, rep. by its Group Leader – Smt. Siliveru Venkata Anjanamma, W/o Chandrasekhar, aged about 32 years, Dealer of F.P. Shop No.3, 3/47, Dommaranandyala Village, Mylavaram Mandal, Kadapa District.
. Petitioner AND
1. The State of A.P., rep. by its Principal Secretary, Civil Supplies Dept., A.P. Secretariat, Secretariat Buildings, Hyderabad.
2. The Joint Collector, Kadapa District, Kadapa.
3. The Revenue Divisional Officer, Jammalamadugu, Kadapa District. 4.Tahsildar, Mylavaram Mandal, Kadapa District.
. Respondents Petition filed under Article 226 of the Constitution of India praying that in the circumstances stated in the petition and the affidavit filed herein, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned order of the 3rd respondent vide Ref.B/1183/2010 dated 14-10-2014 canceling the Authorization of the petitioner herein in respect of Fair Price Shop No.3 of Dommaranandyala Village, Mylavaram Mandal, Kadapa District, as arbitrary, illegal, contrary to law and also violative of principles of natural justice while directing the respondents to continue the petitioner as Dealer of said Fair Price Shop as usual.
WP NO. 37030 OF 2014 :
Smt Palla Swarna Latha, W/o Udaya Bhaskar, aged about 38 years, D.No.3/64, Dealer of F.P. Shop of Ward Nos.3, 5 and 7, Dommaranandyala Village, Mylavaram Mandal, Kadapa District.
. Petitioner AND
1. The State of A.P., rep. by its Principal Secretary, Civil Supplies Dept., A.P. Secretariat, Secretariat Buildings, Hyderabad.
2. The Joint Collector, Kadapa District, Kadapa.
3. The Revenue Divisional Officer, Jammalamadugu, Kadapa District. 4.Tahsildar, Mylavaram Mandal, Kadapa District.
. Respondents -3-
Petition filed under Article 226 of the Constitution of India praying that in the circumstances stated in the petition and the affidavit filed herein, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned order of the 3rd respondent vide Ref.B/1533/2010 dated 14-10-2014 canceling the Authorization of the petitioner herein in respect of Fair Price Shop of Ward Nos.3, 5 and 7 of Dommaranandyala Village, Mylavaram Mandal, Kadapa District, as arbitrary, illegal, contrary to law and also violative of principles of natural justice while directing the respondents to continue the petitioner as Dealer of said Fair Price Shop as usual.
These petitions coming on for hearing, upon perusing the Petitions and the affidavits filed herein, and upon hearing the arguments of Sri E. Maruthi Raja, Advocate for the Petitioners in all the four Writ Petitions and the Govt. Pleader for Civil supplies (AP) on behalf of Respondents 1 to 4 in all the four Writ Petitions, the Court made the following;
ORDER :
“In these four writ petitions, the grievance of the petitioners is that they were forced to submit their resignations and that respondent No.3, without even conducting enquiry, has accepted the same and made temporary arrangements.
This Court prima facie feels that the alleged resignations were engineered to a pattern and respondent No.3 has failed to bust the real reason behind the purported resignations. Furt her, prima
facie, the acceptance of resignations by respondent No.3 is contrary to condition No.16 of the authorization.
Respondent No.3 is, therefore, directed to be personally present on the next date of hearing along with relevant files and explain his action in accepting the purported resignations of all the four petitioners in these writ petitions.
Post on 08.12.2014.”
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The Principal Secretary, Civil Supplies Dept., State of A.P., A.P. Secretariat, Secretariat Buildings, Hyderabad.
2. The Joint Collector, Kadapa District, Kadapa.
3. The Revenue Divisional Officer, Jammalamadugu, Kadapa District. (Sl.No.3 BY SPEED POST)
4. The Tahsildar, Mylavaram Mandal, Kadapa District.
5. Two CCs to the Govt. Pleader for Civil supplies (AP), High Court at Hyderabad. (BY SPECIAL MESSENGER)
6. One CC to Sri E. Maruthi Raja, Advocate. (OPUC)
7. One spare copy. H.A.
HIGH COURT CVNRJ DATED : 03.12.2014 POST ON 08.12.2014 ORDER :
WP NOS.36998, 37006, 37024 & 37030 OF 2014 DIRECTION