Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 41343 (AP)

K CHANDRASEKHAR RAO v. THE STATE OF ANDHRA PRADESH

WP/2381/2024 · 2025-12-22

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010041242024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2381/2024 Between: 1. K CHANDRASEKHAR RAO, S/O LATE DORASWAMI SETTY, AGED 48 YEARS, OCC DEALER, T.P.PALEM VILLAGE, NAGALAPURAM MANDAL, TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, VELAGAPUDI AMARAVATHI. 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, TIRUPATI DISTRICT. 4. THE TAHSILDAR, NAGALAPURAM MANDAL, TIRUPATI DISTRICT. 5. THE DISTRICT SUPPLY OFFICER, TIRUPATI, TIRUPATI DISTRICT. 6. P PALANI, S/O PONNU SWAMY, AGED 50 YEARS, OCC SARPANCH, T.P.PALEM, NAGALAPURAM MANDAL, TIRUPATI DISTRICT. 7. P LAVANYA, W/O PARANDAMAIAH, AGED 30 YEARS, OCC HOUSE WIFE, T.P.PALEM VILLAGE, NAGALAPURAM MANDAL, TIRUPATI DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.No.2381 of 2024 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 topleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents 3rd and 4th respondents to consider and dispose of the representation of the petitioner dated 11.01.2024 in permitting to regularise the dealership of F.P.Shop No. 1019036 in his favour is illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents 3rd and 4th to supply the essential commodities to the petitioner to run the fair price shop smoothly and to pass IA NO: 1 OF 2024 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 pleased to direct the respondents 3rd and 4th to supply the essential commodities to the petitioner to run the fair price shop smoothly, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. MADHU SUDHAN P Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 VS,J W.P.No.2381 of 2024 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ order or direction more particularly one in the nature of Writ Of Mandamus declaring the action of the Respondents 3rd and 4th respondents to consider and dispose of the representation of the petitioner dated 11.01.2024 in permitting to regularise the dealership of F.P.Shop No. 1019036 in his favour is illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents 3rd and 4th to supply the essential commodities to the petitioner to run the fair price shop smoothly and to pass….” 2. Originally, the father of the petitioner was appointed as a permanent fair price shop dealer of shop No.1019036, T.P. Palem village, Nagalapuram mandal, Tirupati in the year 2010 and has been distributing essential commodities to the cardholders without there being any complaint from whomsoever concerned, until his death on 06.01.2021. 3. Subsequently, having identified that the petitioner is qualified enough to run the subject fair price shop, the respondent authorities permitted the petitioner to run the subject fair price shop on temporary basis. On 11.01.2024, the petitioner submitted a representation to respondent Nos.3 and 4 to regularize fair price shop authorization of the subject fair price shop in his favour. 4. It is the grievance of the petitioner that due to political pressures, respondent Nos.3 and 4 are not considering the representation submitted by 4 VS,J W.P.No.2381 of 2024 the petitioner and are trying to appoint the 6th respondent as a fair price shop dealer in the place of the petitioner. Aggrieved by the action of the respondent Nos.3 and 4 in not considering his representation dated 11.01.2024, the present writ petition is filed. 4. Heard Sri. P. Madhu Sudhan, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 5. Today when the writ petition came up for hearing, learned Assistant Government Pleader has furnished a copy of instructions of the letter addressed by the 3rd respondent dated 23.12.2025 wherein it is stated that subsequent to the death of the petitioner’s father, the 7th respondent herein was appointed vide proceedings dated 20.01.2024. When the 7th respondent’s authorization was cancelled by the respondent authorities vide proceedings dated 26.08.2025, she was constrained to file W.P.No.24661 of 2025 and when the said petition came up for admission, considering the proceedings dated18.09.2025 furnished by learned Assistant Government Pleader, whereby, the proceedings dated 26.08.2025 were withdrawn and recording the same, the writ petition was disposed of on 18.09.2025 directing the respondent authorities to continue the 7th respondent as fair price shop dealer of the subject fair price shop dealer unless and until any adverse action is initiated against her. 5 VS,J W.P.No.2381 of 2024 6. It can be observed that pursuant to the orders passed by this Court in W.P.No.24661 of 2025, the 7th respondent is being continued as a fair price shop dealer of the subject fair price shop. However, no mention has been made as to whether any orders were passed pursuant to the petitioner’s representation dated 11.01.2024. It can also be seen that the petitioner has submitted the said representation seeking regularization of the authorization of the subject fair price shop in his favour, instead of seeking employment as fair price shop dealer on compassionate grounds. 7. In view of the same, the petitioner is directed to submit a fresh representation to the respondent authorities requesting to appoint him as a permanent fair price shop dealer on compassionate grounds within a period of two (2) weeks from the date of receipt of a copy of this order and upon receipt of such representation, the 3rd respondent shall pass appropriate orders in accordance with G.O.Ms.No.4, Consumer Affair, Food & Civil Supplies (CS-1) Dept., dated 28.02.2014, within a period of four (4) weeks thereafter. 8. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 23.12.2025 Gss