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High Court of Andhra Pradesh · body

2025 DAILYLAW 43198 (AP)

ROLLAPADU MALLIKARJUNA v. The State of Andhra Pradesh

WP/36637/2025 · 2025-12-30

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 VS,J W.P.No.36637 of 2025 APHC010717952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36637/2025 Between: 1. ROLLAPADU MALLIKARJUNA, S/O LATE R.NETTEPPA AGE 48 YEARS, OCC UN-EMPLOYEE R/O YERUR VILLAGE, CHIPPAGIRI MANDAL, KURNOOL DIST.-518396 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST.-522237. 2. THE COLLECTOR CS, KURNOOL DIST., AT KURNOOL-518002 3. THE REVENUE DIVISIONAL OFFICER, PATHIKONDA TOWN, KURNOOL DIST-518380 4. THE TAHSILDAR, CHIPPAGIRI MANDAL, KURNOOL DIST.-518396 ...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 to issue a writ or direction preferably writ of mandamus declaring the action of the 3rd respondent in not giving permanent authorization in favour of the petitioner in respect of FP Shop NO.1353019 located at Yerur Village, Chippagiri Mandal of Kurnool Dist., despite receipt of an amount of Rs.20,000/- 2 VS,J W.P.No.36637 of 2025 on 4-2-2025 towards for trade deposit pursuant to the appointment proceedings issued on 23-2-2021 appointing the petitioner as FP Shop dealer on compassionate grounds is illegal, arbitrary, and violative of principles of natural justice and consequentially direct the 3rd respondent to issue permanent authorization in favour of the petitioner for the subject shop and allow him to continue as FP Shop dealer, and pass IA 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 Pleased Direct the 3rd respondent to consider and dispose of the representation dt 18-12- 2025 submitted by the petitioner for issue of authorization for the FP Shop NO.1353019 located at Yerur Village, Chippagiri Mandal of Kurnool Dist., pursuant to the appointment proceedings dt:23-2-2021, pending disposal of the writ petition. 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: 3 VS,J W.P.No.36637 of 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36637/2025 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 or direction preferably writ of mandamus declaring the action of the 3rd respondent in not giving permanent authorization in favour of the petitioner in respect of FP Shop No.1353019 located at Yerur Village, Chippagiri Mandal of Kurnool Dist., despite receipt of an amount of Rs.20,000/- on 4-2- 2025 towards for trade deposit pursuant to the appointment proceedings issued on 23-2-2021 appointing the petitioner as FP Shop dealer on compassionate grounds is illegal, arbitrary, and violative of principles of natural justice and consequentially direct the 3rd respondent to issue permanent authorization in favour of the petitioner for the subject shop and allow him to continue as FP Shop dealer.” 2. The case of the petitioner is that he was appointed as a permanent Fair Price Shop dealer for shop No.1353029 on compassionate grounds after the death of his father, who was a permanent Fair Price Shop dealer, vide proceedings dated 23.02.2021. 3. In the meanwhile, due to bifurcation of the District, all the records were transferred to the 3rd respondent. As such, the petitioner approached the 3rd respondent for issuance of authorization. In the last week of January, 2025, the authorities directed the petitioner to obtain a Demand Draft for an amount of Rs.20,000/- towards trade deposit for issuance of authorization. Accordingly, the 4 VS,J W.P.No.36637 of 2025 petitioner obtained a Demand Draft on 04.02.2025 and submitted the same to the 3rd respondent. In spite of receipt of the said amount, the 3rd respondent has been postponing issuance of authorization in the name of the petitioner on one pretext or other. Therefore, the petitioner submitted a representation dated 18.12.2025 seeking for issuance of authorization. As no orders have been passed on the said representation, the petitioner was constrained to file the present writ petition. 4. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 5. As the request made by the petitioner in the present writ petition is only to the extent of seeking a direction to the 3rd respondent to pass orders on the representation dated 18.12.2025, duly considering the appointment proceedings dated 23.02.2021 as well as the trade deposit made by the petitioner on 04.02.2025, without going into the merits of the case, this Court deems it appropriate to direct the 3rd respondent to pass appropriate orders in accordance with law, after duly considering the earlier appointment orders and the Demand Draft, within a period of four (04) weeks from the date of receipt of copy of this order. 6. Accordingly, the Writ Petition is disposed of directing the 3rd respondent to consider the representation of the petitioner dated 18.12.2025 and pass 5 VS,J W.P.No.36637 of 2025 appropriate orders in accordance with law, duly taking into consideration the appointment proceedings dated 23.02.2021 and the trade deposit made by the petitioner on 04.02.2025, within a period of four (04) weeks from the date of receipt of a copy of this order. No costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :31.12.2025 JLV 6 VS,J W.P.No.36637 of 2025 220 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36637/2025 Date :31.12.2025 JLV