APHC010951502018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 460?? OF 2018 8 '4- V r' Between: Chillakuru Mrudula, D/o. (late) Kousalayamma, aged 38 years, R/o. Near Ramalayam, Pottepalem village, Nellore Rural, Nellore Rural Mandal, Nellore District. ...Petitioner AND 1. The Tahsildar, Nellore Rural Mandal, Nellore, Nellore District. 2. The Revenue Divisional Officer, Nellore, Nellore District. 3. The District Collector Civil Supplies, Nellore District. 4. The State of Andhra Pradesh, Represented by its Principal Secretary, Consumer Affairs, Food And Civil Supplies (CS-1) Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. ...Respondents Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more in the nature of Mandamus declaring the orders passed by the Respondent in Rc.No.394/2018 dated 4- 12-2018 rejecting the claim of the Petitioner for Shop Dealer Shop No. 130 of Pottepalli village, compassionate grounds as per G.O.Ms.No.4 Consumer Affairs praying that in the appointment as Fair Price Nellore Rural Mandal Food and on Civil Supplies (CS.I) Department dated 28-2-2014 as illegal, arbitrary and in violation of Articles 14,16 and 21 of the Constitution of India and consequently declare that the Petitioner is entitled for appointment as Fair Price Dealer of Shop No. 130 of Pottepalli Village, Nellore Rural Mandal, Nellore District as per G.O.Ms.No.4 Consumer Affairs, Food and Civil Supplies (CS.I) Department dated 28-2-2014. lA NO: 1 OF 2018 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 an interim direction suspending the operation of the orders passed by the 3rd respondent in Rc.No.394/2018 dated 4-12-2018 with a direction to consider the case of the Petitioner as Fair Price Shop Dealer of Shop No. 130 of Pottepalli Village, Nellore Rural Mandal, Nellore District as per G.O.Ms.No.4 Consumer Affairs, Food and Civil Supplies (CS.I) Department dated 28-2- 2014 pending disposal of the above Writ Petition. issue Counsel for the Petitioner: SRI P V RAMANA Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010951502018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] / MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 46022/2018 Between: 1.CHILLAKURU MRUDULA, D/0. (LATE) KOUSALAYAMMA, AGED 38 YEARS. R/0. NEAR RAMALAYAM, POTTEPALEM VILLAGE. NELLORE RURAL, NELLORE RURAL MANDAL, NELLORE DISTRICT. ...PETITIONER AND 1.THE TAHSILDAR. NELLORE RURAL MANDAL, NELLORE, NELLORE DISTRICT. 2.THE REVENUE DIVISIONAL OFFICER, NELLORE, NELLORE DISTRICT. 3.THE DISTRICT COLLECTOR CIVIL SUPPLIES, NELLORE DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES (CS-1) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR 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 toto issue a Writ, Order or direction more in the nature of Mandamus declaring the orders passed by the Respondent in Rc.No.394/2018 dated 4- 12-2018 rejecting the claim of the Petitioner for appointment as Fair Price Shop Dealer Shop No.130 of Pottepalli village, Nellore Rural Mandal on compassionate grounds as per G.O.Ms.No.4 Consumer Affairs, Food and ''^il Supplies (CS.I) Department dated 28-2-2014 as illegal, arbitrary and in '/lo ation of Articles 14,16 and 21 of the Constitution of India and consequently 2 declare that the Petitioner is entitled for appointment as Fair Price Dealer of Shop No.130 of Pottepalli Village, Nellore Rural Mandal, Nellore District as per G.O.Ms.No.4 Consumer Affairs, Food and Civil Supplies (CS.l) Department dated 28-2-2014 and to pass lA NO: 1 OF 2018 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 issue an interim direction suspending the operation of the orders passed by the 3rd respondent in Rc.No.394/2018 dated 4-12-2018 with a direction to consider the case of the Petitioner as Fair Price Shop Dealer of Shop No.130 of Pottepalli Village, Nellore Rural Mandal, Nellore District as per G.O.Ms.No.4 Consumer Affairs, Food and Civil Supplies (CS.l) Department dated 28-2- 2014 pending disposal of the above Writ Petition and to pass Counsel for the Petitioner: 1. P V RAMANA Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.46022 of 2018 ORDER: -phe present Writ Petition was filed under Article 226 of the Constitution of India seeking the following relief:- to issue a Writ, Order or direction more in the nature of f^/landamus declaring the orders passed by the Respondent in f^c.No. 394/2018 dated 4.12.2018 rejecting the claim of the Petitioner for appointment as Fair Price Shop Dealer Shop No. 130 of Pottepalli village, Nellore Rural Mandal, on compassionate grounds as per q O.Ms.No.4 Consumer Affairs Food and Civil Supplies (CS.I) Department, dated 28.2.2014 as illegal, arbitrary and in violation of Articles 14, 16 and 21 of the Constitution of India and conseguently declare that the Petitioner is entitled for appointment as Fair Price Dealer of Shop No. 130 of Pottepalli Village, Nellore Rural Mandal, Nellore District, as per G.C.Ms.No.4 Consumer Affairs Food and Civil Supplies (CS.I) Department dated 28.2.2014and to pass such other order or orders ....” 2 The petitioner’s late Mother Smt. Kousalayamma was appointed as a fair price shop dealer of Pottepalem Shop No.130 on 08.03.1991 and her authorization was extended from time to time up to the year 2020. While the matter being so, after the death of her Mother on 11.07.2018 the petitioner being the sole legal heir, paid challan for an amount of Rs 15,000/- on 21.08.2018 for lifting the stock for the month of August, 2018. When the stock was prepared for delivery, the revenue authorities took away the essential commodities, due to political reasons, stating that she cannot run the fair price shop. Later, on 01.09.2018, the petitioner submitted an application to the Revenue Divisional Officer, to consider her request to appoint her as fair price shop dealer on compassionate grounds. But, the same was not considered by the respondent authorities. As such, the petitioner was constrained to file writ petition No.32849 of 2018 with a prayer to direct the respondents to consider the case of the petitioner for appointment as fair price shop dealer on compassionate grounds and this Court by way of an interim order in I.A.No.2 of 2018 in W.P.No.32849 of 2018 directed the Revenue Divisional Officer to forward the petitioner’s application to the Joint Collector, Civil Supplies, Nellore District, within a period of one (1) weekand also further directed to dispose of the same within a period of four (4) weeks by communicating the decision to the petitioner. 3. The case of the petitioner is that, in pursuance of the orders of this Court, the Joint Collector has passed the impugned order, wherein the petitioner’s request for appointment on compassionate grounds rejected on the ground that the petitioner was not residing in Pottepalli Village and she was residing along with her husband at Mulapeta Village, Nellore District. Challenging the same, this writ petition was filed by the petitioner. was 4. Heard Smt. V.Santhi Sree, learned counsel representing learned counsel for the petitioner and as well as learned Assistant Government Pleader for Civil Supplies. 5 5. Learned Assistant Government Pleader has stated that the petitioner is not entitled for appointment as fair price shop dealer on compassionate grounds, as she started residing in Mulapeta Village, Nellore District, subsequent to her marriage, which fact was informed by the villagers to the respondent authorities and also on the ground that the petitioner is not eligible for appointment on compassionate grounds, as per G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dated 28.02.2014, as she is a married daughter. 6. Learned counsel for the petitioner relied on the order passed by a learned Single Judge of this Court in writ petition No. 16576 of 2024 dated 02.08.2024, wherein, the fact as to whether the married daughter can be considered for appointment on compassionate grounds or not has been considered by this Court and held that when there is no other legal heir except the petitioner, who is the married daughter can be considered for appointment on compassionate grounds. Learned counsel for the petitioner has stated that though the petitioner is married, she is residing in Pottepalli Village even as on today and to prove the same, learned counsel has filed necessary documents. I 7. In view of the fact that a married daughter is also eligible for appointment under compassionate grounds and also the fact that the petitioner has filed necessary documents to prove that she is residing in Pottepalli Village even after marriage, this Court deems it appropriate to remand the matter back to the 2'"'^ respondent by setting aside the 6 endorsement dated 04.12.2018 issued by the 3'^'^ respondent, rejecting the application of the petitioner for appointment as fair price shop dealer on compassionate grounds. 8. Accordingly, the writ petition is allowed, by setting aside the endorsement dated 04.12.2018 issued by the respondent and the matter is remanded back to the 2"^^ respondent to consider the matter afresh. However, the petitioner is at liberty to submit a fresh application to the 2"'^ respondent herein within a period of two (2) weeks from the date of receipt of a copy of this order, duly enclosing the requisite documents to prove that she is residing in Pottepalli Village as on today. On receiving the said application, the 2"^^ respondent shall consider the same and pass appropriate orders in accordance with law within a period of four (4) weeks thereafter. The 2"'' respondent is also directed to keep in mind the observations made supra, before passing orders. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The Tahsildar, Nellore Rural Mandal, Nellore, Nellore District. 2. The Revenue Divisional Officer, Nellore, Nellore District. 3. The District Collector Civil Supplies, Nellore District. 4. The Principal Secretary, Consumer Affairs, Food And Civil Supplies (CS-1) Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 5. One CC to Sri. P V Ramana Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 7. Two CD Copies gsc S' HIGH COURT DATED:18/08/2025 ORDER WP NO. 46022 OF 2018 S( 0 A SEP 2025 K ntSectio Co :aifi ALLOWING THE WP WITHOUT COSTS