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2025 DAILYLAW 25122 (AP)

POTLA NVM SAI KUMARI v. State of Andhra Pradesh

WP/18226/2025 · 2025-07-22

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010354342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JUL|o TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18226 OF 2025 Between: Smt. Potia NVM Sai Kumari, D/o Somaraju lateAge.28 years, Occ: Housewife R/o D.No.3-102, Pamulavaka Village, Kotauratia Mandal, Anakapalli Dist. ...Petitioner AND 1. State of Andhra Pradesh, rep.by its Principal Secretary, Civil Supplies Department, Secretariat, Velagapudi, Guntur Dist. 2. The Collector (CS), Anakapalli Dist., at Anakapalli. 3. The Revenue Divisional Officer, Narsipatnam Division, Anakapalli Dist. 4. The Tahsildar, Kotauratia Mandal, Anakapalli Dist. ...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 writ or direction preferably writ of mandamus declaring Endorsement issued by the 3rd respondent vide C.NO.163/2024/LRDT dt. 26-06-2025 rejecting the request of the petitioner for appointment of FP Shop dealer on compassionate ground in respect of FP Shop No.0337032 at Pakmulavaka Village, Kotauratia Mandal, Anakapalli Dist., without considering the legal preposition declared in W.P.No. 16576/2024 by following the G.O.Ms.No.4 Consumer Affairs, Food and Civil Supplies (CS.I.) Department dt.28-12-2014 is illegal, arbitrary, and violative of principles of natural and consequently set aside the Endorsement dt.26-06-2025 and further direct the respondents to appoint the petitioner as FP Shop dealer for the subject shop on compassionate grounds. lA NO: 1 OF 2025 justice 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 respondents not to make any permanent appointment in respect of FP Shop No.0337032 at Pakmulavaka Village, Kotauratia Mandal, Anakapalli Dist., pending the disposal of writ petition in the interest of Justice. Counsel for the Petitioner: SRI M M M SRINIVASA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010354342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18226/2025 Between: 1.POTLA NVM SAI KUMARI, D/0 SOMARAJU LATEAGE.28 YEARS, OCC. HOUSEWIFE R/0 D.NO.3-102, PAMULAVAKA VILLAGE, KOTAURATIA MANDAL, ANAKAPALLI DIST. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DIST. SECRETARY 2.THE COLLECTOR CS, ANAKAPALLI DIST., AT ANAKAPALLI. 3.THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM DIVISION, ANAKAPALLI DIST. 4.THE TAHSILDAR, KOTAURATIA MANDAL, ANAKAPALLI DIST. ...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 writ or direction preferably writ of mandamus declaring Endorsement issued by the 3rd respondent vide C.NO.163/2024/LRDT dt. 26-6-2025 rejecting the request of the 2 TCDSJ W.P.No.l8226of2025 petitioner for appointment of FP Shop dealer on compassionate ground in respect of FP Shop No.0337032 at Pakmulavaka Village, Kotauratia Mandal, Anakapalli Dist., without considering the legal preposition declared in W.P.No.16576/2024 by following the G.O.Ms.No.4 Consumer Affairs, Food and Civil Supplies (CS.I.) Department dt.28-12- 2014 is illegal, arbitrary, and violative of principles of natural justice and consequently set aside the Endorsement dt.26-6-2025 and further direct the respondents to appoint the petitioner as FP Shop dealer for the subject shop on compassionate grounds, and pass 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 respondents not to make any permanent appointment in respect of FP Shop No.0337032 at Pakmulavaka Village, Kotauratia Mandal, Anakapalli Dist., pending the disposal of writ petition in the interest of Justice. Counsel for the Petitioner: 1.M M M SRINIVASA RAO Counsel for the Respondent{S): 1.GP FOR CIVIL SUPPLIES 3 TCDSJ W.P.No.18226 of 2025 The Court made the following order; It is the case of the petitioner that her father, late Sri Potia Soma Raju, was appointed as the Fair Price Shop dealer for Shop No.0337032 of Pakmulavaka Village, Kotauratia Mandal, Anakapalli District. The authorization of her father was extended from time to time and the same was subsisting till 31.03.2025. It is her further case that her father died on 30.07.2024, while the authorization was in force. Subsequently, the petitioner submitted an application/representation dated 19.05.2025 to the 3'”'^ respondent, seeking to appoint her as the Fair Shop Dealer on compassionate grounds in the place of her deceased father. The said application of the petitioner was processed, and the 4^*^ respondent was directed to submit a report in the matter. Accordingly, the 4*^ respondent submitted a report dated 18.06.2025, stating that, as per G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS-I) Department, dated 28.02.2014, the petitioner is not eligible for compassionate appointment as she is a married woman. Based on the report of the 4*'^ respondent, the request of the petitioner was rd rejected by impugned endorsement dated 26.06.2025 by the 3 respondent. Questioning the same, the present writ petition is filed. 4 TCDS.J W.P.No.l8226of2025 2. Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. Perused the material on record. 3. The learned counsel for the petitioner would submit that the impugned endorsement is not sustainable, as the issue involved in the instant case is no more res integra, inasmuch as in the case of Smt.Peddisetti Anitha Sree YenepaUi Anitha Sree vs. State of Andhra Pradesh^ this Court held that a married daughter is also entitled for compassionate appointment, if she is otherwise eligible. 4. Learned Assistant Government Pleader for Civil Supplies would not dispute the legal preposition. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies, following the ratio laid down in the said judgment,the impugned endorsement dated 26.06.2025 is hereby set aside. rd 6. Accordingly, the Writ Petition is allowed, and the 3 respondent is directed to appoint the petitioner as Fair Price Shop / ^ Manu/AP/0072/2022 5 TCOSJ W.P.No.l8226of2025 dealer on compassionate grounds, if she is otherwise eligible. No costs. As a sequel, pending applications, if any, shall stand closed. Sd/- P. VINOD t^AR assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies Department, Secretariat Velagapudi, Guntur Dist. 2. The Collector (CS), Anakapalli Dist., at Anakapalli. 3. The Revenue Divisional Officer, Narsipatnam Division, AnakapalliDist. 4. The Tahsildar, Kotauratia Mandal, Anakapalli Dist. 5. One CC to Sri M M M Srinivasa Rao Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 7. Two CD Copies TF HIGH COURT DATED:23/07/2025 ORDER WP NO. 18226 OF 2025 ALLOWING THE W.P. WITHOUT COSTS