‘3s. APHC010385792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR. WRIT PETITION NO: 19815 OF 2025 Between: K Ashok Kumar, S/o. K.L Muniswamy, Aged about 36 employee, R/o. D.No. 21/3-15, Siva Sankar Nagar, Adoni Town and Mandal, Kurnool District. years, Occ: Un ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, A.P. Secretariat Guntur District. 2. The District Collector, Kurnool District, Kurnool. 3. The Joint Collector, Kurnool District, Kurnool. 4. The Sub-Collector, Adoni, Kurnool District, Kurnool. 5. The Tahsildar, Adoni Mandal, Kurnool District. Velagapudi, Amaravathi, ...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 order or direction more particularly in the nature of Writ of Mandamus under Article 226 of Constitution of India declaring the action of the respondents No. 2 to 5 are not appointing the petitioner as F.P. Shop Dealer in Shop No. 36 (Shop. No 1383036) of Adoni Town by is considering representations dated 18.08.2022 and 11.12.2024 after conducting enquiry i illegal, arbitrary and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution , Systern * (Control) Order 2018 and principles of natural justice and cofTSequently direct the respondents No. 3 appoint the petitioner as Fair Price Shop Sealer in Shop No. 36 (Shop. No. 1383036) of Adoni Town and Mandal, Kurnool District. IS 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 No. 3 to appoint the petitioner as Fair Price Shop Dealer in Shop No. 36 (Shop. No. 1383036) of Adoni Town and Mandal, Kurnool District. Counsel for the Petitioner: SRI KALE VIJAYA RAJU Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: p APHC010385792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 19815/2025 Between: 1.K ASHOK KUMAR,, S/0. K.L MUNISWAMY, AGED ABOUT 36 YEARS, OCC UN EMPLOYEE, R/0. D.NO. 21/3-15, SIVA SANKAR NAGAR, ADONI TOWN AND MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL. 3.THE JOINT COLLECTOR, KURNOOL DISTRICT, KURNOOL. 4.THE SUBCOLLECTOR, ADONI, KURNOOL DISTRICT, KURNOOL. 5.THE TAHSILDAR, ADONI MANDAL, KURNOOL DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the 2 TCDSJ W.P.No.l9815of2025 High Court may be pleased topleased to issue order or direction more particularly in the nature of Writ of Mandamus under Article 226 of Constitution of India declaring the action of the respondents No. 2 to 5 are not appointing the petitioner as F.P. Shop Dealer in Shop No. 36 (Shop. No 1383036) of Adoni Town by is considering representations dated 18.08.2022 and 11.12.2024 after conducting enquiry is illegal, arbitrary and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and principles of natural justice and consequently direct the respondents No. 3 appoint the petitioner as Fair Price Shop Dealer in Shop No. 36 (Shop. No. 1383036) of Adoni Town and Mandal, Kurnool District lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No. 3 to appoint the petitioner as Fair Price Shop Dealer in Shop No. 36 (Shop. No. 1383036) of Adoni Town and Mandal, Kurnool District Counsel for the Petitioner; praying that in the 1.KALE VIJAVA RAJU Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following; 3 TCDS.J W.P.N0.1381S oj2025 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 19815 of 2025 ORDER: It is the case of the petitioner that his deceased father Sri K.L.Muniswamy was appointed as fair price shop dealer for shop No.1383036 of Adoni Town and Mandal, Kurnool District during the year 2007. It is his further case that from the date of appointment his father was distributing essential commodities to the card holders without there being any complaint from anybody. It is further stated that while so, on 29.07.2016, the father of the petitioner was expired while his authorization was in force. It is the further case of the petitioner that subsequently, his 2. brother Sri K.Ajay Kumar was appointed as temporary fair price shop dealer in the place of his father and he was distributing the commodities to the card holders. It is the further case of the petitioner ■ that on 01.05.2021, his brother K.Ajay Kumar was also died. In those circumstances, the petitioner made representation dated 18.08.2022 to the 5'*^ respondent requesting to consider his case for appointment as fair price shop dealer on compassionate grounds. The respondent in turn directed the Civil Supplies Deputy Tahsildar, Adoni to conduct enquiry and to submit report in the matter. Pursuant to which, the statements of the petitioner, his family members and 4 TCDS.J W.P.No.l9815of 2025 the villagers were recorded and the same were forwarded to the 5*^ respondent for taking up necessary action in the matter. It is the further case of the petitioner that on 11.12.2024, he made another representation to the 4**^ respondent to consider his case for appointment as fair price shop dealer on compassionate grounds. The said representations are pending consideration and they were not considered till date, questioning the action of the respondents in not passing orders on the representations, the present writ petition is filed. 3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. The only grievance of the petitioner is that after the demise of his father, he made representations to the concerned authorities seeking to appoint him as fair price shop dealer on compassionate grounds. Admittedly, the representation made by the petitioner was forwarded to the Civil Supplies Deputy Tahsildar, who in turn recorded the statement of the petitioner. The learned counsel for the petitioner would submit that in view of the various governmental orders issued for appointment of fair price shop dealer on compassionate grounds, the petitioner is eligible and qualified to be appointed as such. On the other hand, the learned Assistant 5 TCDSJ W.P.No.l9815of2025 Government Pleader for Civil Supplies would submit that the petitioner has made representation to the Tahsildar who is not competent authority to take any action in the matter. He would further submit that though it is stated that, representation dated 11.12.2024 was made to the 4**^ respondent, nothing is placed on record to show that the same is filed before the said authority. Having considered the submissions of the learned counsel on 5. either side, this Court feels that, it is appropriate to dispose of the present writ petition directing the petitioner to submit fresh representation/application to the respondent along with all documents in support of his case for appointment of fair price shop dealer within a period of two {02) weeks from the date of receipt of the copy of the order. Upon making such representation, the 3'^'^ respondent is further directed to pass appropriate orders on the said representation within a period of six (06) weeks thereafter. It is needless to mention, before passing orders in the matter, the 3^^ respondent shall afford opportunity of being heard to the petitioner. With the above directions, this writ petition is disposed of. 6. There shall be no order as to costs. 6 TCDS,J W.P.No.l9815of2025 As a sequel, pending applications, if any, shall stand closed. Sd/- SHAIK WiOHD. RAF! ASSISTANT REGISTRAR^ //TRUE COPY// Officer SEC To, 1. The Principal Secretary, Civil Supplies Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Kurnool District, Kurnool. 3. The Joint Collector, Kurnool District, Kurnool. 4. The Sub-Collector, Adoni, Kurnool District, Kurnool. 5. The Tahsildar, Adoni Mandal, Kurnool District. 6. One CC to Sri Kale Vijaya Raju Advocate [OPUC] 7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 8. Two CD Copies TF HIGH COURT DATED:01/08/2025 ORDER WP NO. 19815 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS