AV7HC010333822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16843 OF 2025 Between: Sri Medabalimi Srihari, S/o Late Penchalayya, Aged about 44 years, Occ; Agriculture, R/o Shankhavaram Village, Vinjamuru Mandal, S.P.S.R. Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department Secretariat, Velagapudi, Guntur District, A.P. 2. The Joint Collector Civil Supplies, S.P.S.R. Nellore District. 3. The Revenue Divisional Officer, Kavali Division, S.P.S.R. Nellore i District. 4. The Tahsildar, Vinjamuru Mandal, S.P.S.R. Nellore District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in rejecting the application of the Petitioner for his appointment as a Fair Price Shop Dealer for Ration Shop No. 0908016 on compassionate ground ignoring the Tahsildar's recommendation in RGB No. 184/2025 dated 05-05-2025 with mala fide intention despite acknowledging the exemption that the Petitioner is provided in clause (v) of G.O.Ms.No. 4, Consumer Affairs, Supplies(CSI) Department dated 28-02-2014 as arbitrary, illegal and is in excess of their jurisdiction and as violation of Articles 14,16 and 21 of the Indian Food and Civil Constitution and set aside his order under Endorsement D.PARI.(8)681/2025 Respondent No. 3 to appoint the Petitioner as per the norm under clause (v) of G.O.Ms.No. 4, Consumer Affairs, Food and Civil Supplies(CSI) Department dated 28-02-2014 and thereby giving him 3 years to possess the required qualification as per the same. dated 31-05-2025 and consequently direct the 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 direct the Respondent No. 3 to appoint the Petitioner taking into account the norm under clause (v) of G.O.Ms.No. 4, Consumer Affairs, Food and Civil Supplies(CSI) Department dated 28-02-2014 as the Fair Price Shop Dealer of Ration Shop No. 0908016 in Shankhavaram Village, Vinjamuru Mandal, pending disposal of the above writ petition pending disposal of the above writ petition. Counsel for the Petitioner: SRI PAVULURI SREENIVASULU Counsel for the Respondent Nos. 1 and 2: GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos. 3 and 4: GP FOR REVENUE The Court made the following order: APHC010333822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3505] Wi PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16843/2025 Between: 1.MEDABALIM1 SRIHARI, S/0 LATE PENCHALAYYA, AGED AGRICULTURE, R/O.SHANKHAVARAM VILLAGE, VINJAMURU MANDAL, S.P.S.R. NELLORE DISTRICT. ABOUT 44 YEARS OCC- ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT SECRETARIAT, VELAGAPUDI,GUNTUR DISTRICT,A.P. 2.THE JOINT COLLECTOR CIVIL SUPPLIES, S.P.S.R. NELLORE DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, KAVALI DIVISION, S.P.S.R. NELLORE DISTRICT. 4.THE TAHSILDAR, VINJAMURU MANDAL, S.P.S.R. NELLORE DISTRICT. ...RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in rejecting the application of the Petitioner for his appointment as a Fair Price Shop Dealer for Ration Shop No. 0908016 on compassionate ground ignoring recommendation in RGB No. 184/2025 dated 05-05-2025 with mala fide intention despite acknowledging the exemption that the Petitioner is provided in clause (v) of G.O.Ms.No. 4, Consumer Affairs, Food and Civil Supplies (CSI) Department dated 28-02- 2014 as arbitrary, illegal and is in excess of their jurisdiction and as violation of Articles 14,16 and 21 of the Indian Constitution and set aside his order under Endorsement D.PARI.(8)681/2025 dated 31- 05-2025 and consequently direct the Respondent No. 3 to appoint the Tahsildar's 2 IT the Petitioner as per the norm under clause (v) of G.O.Ms.No. 4, Consumer Affairs, Food and Civil Supplies(CSI) Department dated 28-02-2014 and thereby giving him 3 years to possess the required qualification as per 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 may be pleased to direct the Respondent No. 3 to appoint the Petitioner taking into account the norm under clause (v) of G.O.Ms.No. 4, Consumer Affairs, Food and Civil Supplies(CSI) Department dated 28-02-2014 as the Fair Price Shop Dealer of Ration Shop No. 0908016 in Shankhavaram Village, Vinjamuru Mandal, pending disposal of the above writ petition pending disposal of the above writ petition. Counsel for the Petitioner: 1.PAVULURI SREENIVASULU Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR CIVIL SUPPLIES The Court made the following: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16843 OF 2025 ORDER: It is the case of the petitioner that his father Sri Medabalimi Penchalayya was appointed as a fair price shop dealer bearing shop No.0908016 of Shankavaram Village, Vinjamuru Mandal, SPSR Nellore District. While the authorization of the petitioner’s father was subsisting, he died on 17.02.2025. The petitioner, being the son of the original dealer, approached the 3*^^ respondent and sought to appoint him as fair price shop dealer on compassionate grounds. It is further case of the petitioner that along with representation, he filed copies of aadhar card, ration card, death certificate and family member certificate. The said application was processed and the 4*'^ respondent th was directed to submit a report in the matter. Accordingly, the 4 respondent conducted an enquiry and submitted a report, dated 05.05.2025 whereunder recommended the case of the petitioner for appointment as a dealer of fair price shop on compassionate grounds. Upon receipt of the said report, the 3'"' respondent rejected the request of the petitioner by virtue of impugned endorsement, dated 31.05.2025 on the ground that the petitioner does not possess requisite qualification as per the G.O.Ms.No.4 Consumer Affairs, Food and Civil Supplies (CS.I) Department dated 28.02.2014, issued by the Government of Andhra Pradesh. Questioning the said endorsement. dated 31.05.2025, the present writ petition is filed. 4 The learned counsel for the petitioner would submit that it is not in dispute that the petitioner does not possess the requisite qualification as per G.O.Ms.No.4, dated 28.02.2014, but as per para 6(v) of the said Governmental Order, certain guidelines are prescribed for appointment of fair price shop dealer on compassionate grounds. Clause (v) para 6 is relevant for the purpose of deciding the present writ petition and the said Clause is extracted hereunder: 2. “v) The legal heirs, who were not having prescribed educational qualifications, shall be given 3 years time from the date of appointment for possessing the prescribed educational qualifications;’’ 3. On perusal of the said Clause, it is clear that if an application is filed by the legal heirs seeking for appointment as fair price shop dealer under compassionate grounds, if the said individual does not possess the prescribed qualifications, he/she shall be given three years time from the date of appointment for possessing the prescribed education qualification. In the case on hand, the 3'"' respondent, while rejecting the case of the petitioner, did not give the benefit as provided for under Clause (v) of Para 6 of G.O.Ms.No.4, dated 28.02.2014. 4. The learned Assistant Government Pleader for Civil Supplies does not dispute the same and requests this Court to pass appropriate orders in the matter. 5 - Having regard to the submission made by both the learned counsel, the impugned endorsement, dated 31.05.2025 issued by the 3'^^ respondent is not sustainable and accordingly, the same is set aside. It is further directed that the 3'”'^ respondent shall consider the case of the petitioner afresh by strictly following the guidelines 5. G.O.Ms.No.4. dated 28.02.2014 and pass envisaged under appropriate orders. The said exercise shall be completed within a period of one month from today. It is needless to mention that, before passing orders, the petitioner shall be provided opportunity of being heard. Accordingly, the Writ Petition is allowed. There shall be no order 6. as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall st»^nd closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR s 4 //TRUE COPY// SECTION OFFICER To, ^^^K^The Principal Secretary Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, A.P. 2. The Joint Collector Civil Supplies, S.P.S.R. Nellore District. 3. The Revenue Divisional Officer, Kavali Division, S.P.S.R. Nellore District. 4. The Tahsildar, Vinjamuru Mandal, S.P.S.R. Nellore District. 5. One CC to Sri. Pavuluri Sreenivasulu Advocate [OPUC] 6. Two CCS to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 8. Three CD Copies GSC Consumer Affairs, Food and Civil Supplies HIGH COURT DATED:08/07/2025 ORDER WP NO. 16843 OF 2025 5 1« JUl 2fl?5 s ^ Current Section ALLOWING THE WP WITHOUT COSTS