i4 \ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ^ / PRESENT HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 29817 OF 2024 Between: K. Sanyasi Gupta, S/o K.Brahmajee Rao late Age 50 employee R/o D.No.10-5, Makavarapalem Village Anakapalli Dist. years, Occ Un- AND Mandal, ...Petitioner AND 1. The State of Andhra Pradesh rep. by its Principal Secretary Civil Supplies Department, Secretariat, Velagapudi, Guntur Dist. 2. The District Collector, Anakapalli Dist., at Anakapalli. 3. The Sub Collector, Narsipatnam Division, Anakapalli Dist. 4. The Tahsildar, Makavarapalem Mandal, Anakapalli Dist. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue writ may or direction preferably writ of mandamus declaring 3 respondent in the action of the issuing notification vide Rika.No.465/2024/DT dt 6-12- 2024 inviting application for appointment of f FP Shop dealer on permanent basis in respect of Shop NO.336016 (SI.No.8) of Makavarapalem Village despite petitioner's representations AND Mandal of Anakapalli Dist., dt 5-7- 2023 AND 9-12-2024 submitted Dealer on for appointment of Fair Price Shop compassionate ground issued by the 1 respondent vide Food and Civil Supplies (CS.I.) to the earlier G.O.Ms.No.4 dt 28-2- pursuant to the amendment GO i G.O.Ms.No.33 Consumer Affairs Department dt 19-12-2018 subsequent 2014 wherein enhancing the upper age limit 50 years demise of the existing Fair Price Shop Dealer violative of principles of natural i as on the day of as illegal, arbitrary, and justice and consequently set aside the notification dt 6-12-2024 (for the : respondents to appoint the petitioner shop on compassionate grounds. subject shop) and further direct g«^FP Shop dealer for the subject the jA NO: 1 OF 2n9A Petition under Section 151 stated in the affidavit filed i pleased to direct the 3 CPC praying that in the circumstances may be any permanent of Makavarapalem Village & pursuant to the notification dt;6-12-2024 pending the disposai of writ petition in the interest of justice. in support of the petition, the High Court rd respondent not to make appointment for the FP shop NO.336016 Mandal of Anakapalli Dist. Counsel for the Petitioner: SRI. M M M SRINIVASA RAO Counsel for the Respondents: The Court made the following order: GP FOR CIVIL SUPPLIES APHC010573522024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE / PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 29817/2024 Between: K. Sanyasi Gupta ...PETITIONER AND The 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 order: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue writ or direction preferably writ of mandamus declaring the action of the 3^^ respondent In issuing notification vide Rika.No.465/2024/DT dated 06.12.2024 inviting application for appointment of FP Shop dealer on permanent basis in respect of Shop No.336016 (SI.No. 8) of Makavarapalem Village and Mandal of Anakapalll District, despite petitioner's representations dated 05.07.2023 and 09.12.2024 submitted for appointment of Fair Price Shop Dealer on compassionate ground pursuant to the amendment GO issued by the 1 respondent vide G.O.Ms.No.33 Consumer Affairs, Food and Civil Supplies (CS.I.) Department, dt. 19-12-2018 subsequent to the earlier G.O.Ms.No.4 dt.28.02.2014 wherein enhancing the St 2 upper age limit 50 years as on the day of demise of the existing Fair Price Shop Dealer as Illegal, arbitrary and violative of principles of natural justice and conseguently set aside the notification dt.06-12-2024 (for the subject shop) and further direct the respondents to appoint the petitioner as FP Shop dealer for the subject shop on compassionate grounds and pass such other or further orders as this Flon’ble Court deem fit and proper in the circumstances of the case. 2. Learned counsel for the petitioner submits that originally the petitioners father late Bhahmajee Rao was appointed as a permanent fair price shop dealer for shop No.336016 of Makavarapalem Village and Mandal of Anakapalli District and the authorization is valid upto 31.03.2023. The petitioner’s father has died on 18.02.2023. The petitioner has made representations on 05.07.2023 and 09.12.2024 to consider his case on compassionate appointment in terms of the guidelines under para 6 of G.O.Ms.No.33, dated 19.12.2018. While so, the 3^" respondent issued notification for filling up the vacancy on permanent basis. The respondents, without issuing orders on the representations, have issued impugned notification, which is contrary to the principles of natural justice. Learned counsel further submits that this Court on 17.12.2024 has granted interim order directing the respondents not to proceed with the impugned notification, dated 06.12.2024. 3. Though sufficient time was granted, counter affidavit is not filed Heard. Perused the records. 4. The father of the petitioner died on 18.02.2023 and a 5. representation was made on 05.07.2023 i.e., within one year from the date of death of his father. The Government has issued guidelines on compassionate appointment vide G.O.Ms.No.33, dated 19.12.2018 and subsequently amended the same vide G.O.Ms.No.4, dated \ 28.02.2024 relaxing the age of upper limit from 40 to 50 years. Since the respondents have not passed orders on his earlier representation, rd the petitioner made another representation on 09.12.2024. The 3 respondent without passing orders on the representations, issued impugned notification dated 06.12.2024 by fixing the schedule. The petitioner is having 10'^ class qualification and is eligible for compassionate appointment in terms of G.O.Ms.No.33, dated 19.12.2018. The 3'"^ respondent without examining the representation ought not to have proceeded with the notification. In view of the above said circumstances, since this Court has 6. already protected the interest of the petitioner vide interim order, dated 17.12.2024 and with the consent of both the learned counsel, the Writ Petition is disposed of directing the respondents to consider the representations, dated 05.07.2023 and 09.12.2024 made by the petitioner and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. Till such time, the 4 (Jh respondents shall not take any coercive steps on the dealership of the fair price shop No.336016 of Makavarapalem Village and Mandal of Anakapaill District. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REiC^ISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Civil Supplies Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur Dist. 2. The District Collector, Anakapalli Dist., at Anakapalli. 3. The Sub Collector, Narsipatnam Division, Anakapalli Dist. 4. The Tahsildar, Makavarapalem Mandal, Anakapalli Dist. 5. One CC to Sri. M M M Srinivasa Rao Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court Of Andhra [OUT] 7. Three CD Copies Pradesh. GSC HIGH COURT DATED:21/04/2025 ORDER WP.No.29817 of 2024 4' ^ ^ oo g nSEP20?5 g . Current secTion ^ DISPOSING THE WP WITHOUT COSTS