APHC010600902024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 31343/2024 Between: K.Jyotheeswara Reddy ...PETITIONER AND State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: O R D E R: This writ petition is filed under Article 226 of the Constitution of India to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 3rd respondent in not appointing the petitioner as fair price shop dealer on compassionate grounds in respect of FP Shop No. 1052001 of Kanipakam Village, Irala Mandal of Chittoor Dist., despite receipt of representation dated 16.12.2024 seeking for appointment of fair rice shop dealer on compassionate ground pursuant to the amendment GO issued by the 1st respondent vide G.O.Ms.No.33 Consumer Affairs, 2 WP No.31343 of 2024 Food and Civil Supplies (CS.I.) Department dated 19-12-2018 subsequent to the earlier G.O.Ms.No.4 dated 28.2.2014 wherein enhancing the upper age limit 50 years as on the day of demise of fair price shop dealer as illegal, arbitrary, and violative of principles of natural justice and consequently direct the respondents to appoint the petitioner as FP Shop dealer for the subject shop on compassionate grounds. 2. The case of the petitioner is briefly as follows: The mother of the petitioner was originally appointed as a dealer of fair price shop No.1052001 of Kanipakam Village, Irala Mandal of Chittoor District. The mother of the petitioner died on 05.11.2024. Thereafter, the petitioner submitted a representation to the 4th respondent on 16.12.2024 for his appointment on compassionate ground. The 4th respondent, in turn, directed the VRO to conduct enquiry and submit report at the earliest. The petitioner is qualified to be appointed on compassionate appointment. Yet, the appointment has not been given. Hence, this writ petition is filed. 3. The learned Assistant Government Pleader for Civil Supplies representing the respondents placed on record the written instructions of the Tahsildar (FAC), Irala Mandal, Chittoor District dated 30.12.2024. Basing on the same, he submitted that the petitioner is presently residing in Bangalore along with his wife and doing a private job. He further submitted that the petitioner had not submitted a copy of the rice card and that during enquiry it was found that the petitioner was not issued any rice card and the card previously issued had been cancelled as they have a motor car (four wheeler). He further submitted that the petitioner is not eligible for being appointed as a dealer of the fair price shop since he is not in the category of below poverty line. 3 WP No.31343 of 2024 4. In reply, the learned counsel for the petitioner submitted that the petitioner had submitted record to show that he is a local permanent resident and denied the representation in the written instructions regarding his occupation and residence. He further submitted that he could file a reply to the counter if the respondents filed a counter affidavit, but the record already filed is enough to deny the instructions. He further submitted that without disposing of the representation of the petitioner for appointment on compassionate grounds, the respondents are making hectic efforts to fill the vacancy in the dealership by fresh recruitment. 5. Since the representation of the petitioner is still pending with the respondents, the same can be decided on merits and pass appropriate order thereon. However, till such time, the respondent authorities may not fill the vacancy. 6. As such, the writ petition is disposed of directing the authorities to consider the representation of the petitioner on merits as per law and pass appropriate order within three (3) months from the date of receipt of copy of this order and till such time not to take any steps to fill the vacancy of the subject fair price shop. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ B.S.BHANUMATHI, J Date:09.01.2025 PNV