\ ■ IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 28887 OF 2024 Between: D. Khader Basha, S/o. late D.Md. Haneef, Age 28 years, Occ: F.P. Shop Dealer, F.P.Shop.No. 1383045, R/o. Karvanipet, 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 Sub-Collector, Adoni, Kurnool District, Kurnool. 5. The Tahsildar, Adoni Mandal, Kurnool 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 order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 4*^ and 5*' respondents allotting the essential commodities to the F.P shop (Shop. No. 1383045) held by the petitioner at Adoni Town and Mandal in not Kurnool District without there being any reason, without issuing any notice to the petitioner is illegal, arbitrary and violative of Articles 14, 19(1)(g) of the Constitution of India also violative of Andhra Pradesh State Targeted Public Distribution (Control) Order 2018 and principles of natural justice and consequently and System w direct the respondents to continue the petitioner to hoid F.P. shop Dealership (Shop. No. 1383045) heid by the petitioner at Adoni Town and Mandal, Kurnool District. lA NO: 1 OF 2n?4 Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the respondents to continue the petitioner as F.P. shop essential commodities to the and Mandal, Kurnool District Dealer (Shop. No. 1383045) and to supply petitioner s fair price shop at Adoni Town pending disposal of Writ Petition. Counsel for the Petitioner: SRI KALE VIJAYA RAJU Counsel for the Respondent Nos.1 to 5: GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010538282024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 28887/2024 Between: ...PETITIONER D Khader Basha AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KALE VIJAYA RAJU Counsel for the Respondent{S): 1.GP FOR CIVIL SUPPLIES The Court made the following: ORDER: This Writ Petition under Article 226 of Constitution of India is filed for the following relief; “ pleased to issue order or direction more particularly in the nature of writ of mandamus declaring the action of the 4**^ and 5^''" respondents in not allotting the essential commodities to the . fair price shops No.1383045 held by the petitioner at Adoni Town and Mandal, Kurnool District without there being ^any 2 BSB, J ^ W.P.No.28887 of 2024 reason without issuing any notice to the petitioner 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 to continue the petitioner to hold fair price shop dealership (shop No. 1383045) held by the petitioner at Adoni Town and Mandal Kurnool District and pass such other order....” The case of the petitioner is as follows:- The grandfather of the petitioner by name D.Md.Ibrahim Sab was appointed as a dealer of fair price shop No.1383045, in Adoni Town and Mandal vide authorization No.25/AND/2004. The dealer died on 21.08.2016. Later, the father of the petitioner by name D.Md.Ibrahim made representation for appointing him as ration shop dealer on compassionate grounds. The 5**^ respondent submitted respondent proposing appointment of the petitioner’s father as dealer of shop No.45 of Adoni town and Mandal vide proceedings Rc.No.716/2017, dated 04.10.2017, but the father of the petitioner died on 18.07.2021. Now, the petitioner is working as a temporary dealer and distributing the commodities to the card holders. His representation for appointment on compassionate grounds is pending before the authorities under consideration. Without any notice or enquiry, the authorities suddenly stopped supply of commodities to the fair price shop of the petitioner. 2. th reports to the 4 Additional material paper is filed to show that the petitioner made representations again on 15.09.2024 and 21.10.2024 for appointment on compassionate grounds, besides making similar request as stated in the writ petition. 3 BSB,J W.P.No.28887 of2024 The learned Assistant Government Pleader placed on record the written instructions stating that the original permanent dealer, Sri Ibrahim Saheb, of the subject fair price number 1383045 had been suspended and incharge had been given to the dealer of the adjacent fair price shop No.1383029, Sri Mahaboob Basha, for smooth delivery of the essential commodities to the card holders and meanwhile the suspended dealer had died. The instructions further stated that the commodities had been presently allotted to the incharge dealer only and therefore the allotment of essential commodities in favour of the petitioner does not arise. 3. 4. Perused the record. Since the petitioner has not been appointed either on permanent basis or on temporary basis in respect of the subject fair price shop, he is not entitled to allotment of any commodities. As he claims that his representations are pending with the government for consideration, the writ petition is disposed of directing the concerned authorities to take decision on the representation of the petitioner for considering him on compassionate appointment, subject to the eligibility criteria, within four (04) weeks from the date of receipt of the copy of this order. 5. There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT\REGISTJ .R //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, 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. Three CD Copies. ssb HIGH COURT DATED:27/01/2025 ORDER t 2 1 FEB 2025 3 1*5-^ . Current Section ^^^4£esPATCV^5^ WP.No.28887 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS