1 VS,J WP.No.29801 of 2024 APHC010573442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29801/2024 Between: 1. CH DURGA RAO, S/O CH.PILIP LATE AGE 33 YEARS, OCC UN- EMPLOYEE R/O D.NO.41-28/7-108, RANIGARI THOTA VIJAYAWADA TOWN, NTR DIST. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE DISTRICT COLLECTOR, NTR DIST., AT VIJAYAWADA. 3. THE SUB COLLECTOR, VIJAYAWADA DIVISION, NTR DIST. 4. THE ASSISTANT SUPPLY OFFICER, CIRCLE-LL, KRISHNALANKA VIJAYAWADA CITY, NTR DIST. ...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 topleased to issue writ or direction preferably writ df mandamus declaring the action of the 3rd respondent in issuing notification vide R.C.CSDT/917/2024 dt 5-12-2024 inviting application for appointment of FP 2 VS,J WP.No.29801 of 2024 Shop dealer on permanent basis in respect of Shop NO.684294 (SI.No.29) of Circle-II, Ranigari Thota, Vijayawada City, NTR Dist., despite receipt of petitioner's representation dt 27-11-2024 seeking for appointment of Fair Price Shop Dealer on compassionate ground pursuant to the GO issued by the 1st respondent vide G.O.Ms.No.4 Consumer Affairs, Food and Civil Supplies (CS.I.) Department dt 28-2-2014 as illegal, arbitrary, and violative of principles of natural justice and consequently set aside the notification dt 5- 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 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 3rd respondent not to make any permanent appointment for the FP shop NO.684294 (SI.No.29) of Circle-II, Ranigari Thota, Vijayawada City, NTR Dist., pursuant to the notification dt: 5-12-2024, pending the disposal of writ petition in the interest of justice 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 WP.No.29801 of 2024 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: <to issue writ or direction preferably writ df mandamus declaring the action of the 3rd respondent in issuing notification vide R.C.CSDT/917/2024 dt 5-12-2024 inviting application for appointment of FP Shop dealer on permanent basis in respect of Shop NO.684294 (SI.No.29) of Circle-II, Ranigari Thota, Vijayawada City, NTR Dist., despite receipt of petitioner's representation dt 27-11-2024 seeking for appointment of Fair Price Shop Dealer on compassionate ground pursuant to the GO issued by the 1st respondent vide G.O.Ms.No.4 Consumer Affairs, Food and Civil Supplies (CS.I.) Department dt 28-2- 2014 as illegal, arbitrary, and violative of principles of natural justice and consequently set aside the notification dt 5- 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= 2. The father of the petitioner by name Ch. Pilip was appointed as permanent fair price shop dealer of shop No.684294, Circle-II, Ranigari Thota, Vijayawada city, NTR district and due to his demise on 22.02.2019, the petitioner sought compassionate appointment as fair price shop dealer. However, vide proceedings dated 08.04.2020, the petitioner was appointed as a fair price shop dealer of the subject fair price shop on temporary basis. Ever since, the petitioner has been distributing essential commodities to the cardholders without there being any complaint from whomsoever. 4 VS,J WP.No.29801 of 2024 3. While so, the petitioner came to know that the respondent authorities are going to issue a notification for filling up the post of fair price shop dealer of the subject fair price shop on permanent basis. As such, the petitioner submitted a representation on 27.11.2024 seeking his appointment as a fair price shop dealer of the subject fair price shop on permanent basis under compassionate grounds. Without considering the same, the 3rd respondent, issued the impugned notification dated 05.12.2024 calling for applications from suitable candidates to fill the vacant fair price shop dealer posts in Vijayawada Circle – 1, 2 and 3, Mailavaram and G. Kondur mandal. Aggrieved by the aforesaid action of the 3rd respondent, this writ petition is filed. 4. When the writ petition came up for admission on 17.12.2024, this Court has passed an interim order as prayed for. 5. When the matter was taken up for hearing on 19.11.2025, this Court directed learned Assistant Government Pleader for Civil Supplies to obtain instructions as to whether any orders were passed on the representation dated 27.11.2024, submitted by the petitioner, pursuant to which, learned Assistant Government Pleader has furnished a copy of instructions of the 3rd respondent dated 26.11.2025 wherein it is stated that the petitioner’s application is liable to be rejected as he has not enclosed any relevant 5 VS,J WP.No.29801 of 2024 documents in support of his claim. As no orders were passed pursuant to the representation dated 27.11.2024, on 26.11.2025, this Court directed the 3rd respondent to appear before this Court along with all the connected records. 6. Pursuant to the said order, the 3rd respondent appeared before this Court physically and furnished a copy of the proceedings dated 28.11.2025 wherein, he rejected the case of the petitioner on the ground that the petitioner has failed to furnish the requisite document for appointment as fair price shop dealer on compassionate grounds. The following documents are required by the 3rd respondent to be submitted by the petitioner: 1. Death certificate of Sri Chintagunta Philip. 2. Family Member Certificate issued by the Tahsildar concerned. 3. No – Earning Member Certificate issued by the Tahsildar concerned. 4. Certificate from Police Authorities, which shows that no criminal cases are pending against the applicant. 5. Board of Intermediate education certificate of Sri. Ch. Durga Rao. 6. No due certificate issued by the MLS Point in- charge concerned. 7. No objection from the family members (affidavit). 6 VS,J WP.No.29801 of 2024 7. Though the petitioner filed a representation on 27.11.2024, the 3rd respondent has not passed any orders pursuant to the same, however, when this Court directed the 3rd respondent to appear before this Court, the 3rd respondent came up with the above mentioned proceedings dated 28.11.2025, rejecting the appointment of the petitioner as fair price shop dealer on compassionate grounds, on the sole ground that the petitioner has not furnished the aforementioned documents. 8. Admittedly, it is not the case of the respondents that the petitioner is ineligible for appointment on compassionate grounds, but, the sole ground for rejecting the plea of the petitioner is non-furnishing of the requisite documents. As such, instead of going into the merits of the case, there shall be a direction to the petitioner to submit a fresh application to the 3rd respondent, by duly enclosing all the requisite documents (mentioned supra) within a period of four (4) weeks from the date of receipt of a copy of this order and on receipt of such application, the 3rd respondent shall consider the same and pass appropriate orders keeping in view G.O.Ms.No.4, Consumer Affair, Food & Civil Supplies (CS-1) Dept., dated 28.02.2014. 9. In view of the foregoing discussion, the notification dated 05.12.2024 is hereby set-aside and the respondents are at liberty to issue a notification 7 VS,J WP.No.29801 of 2024 afresh, after considering the petitioner’s application for appointment on compassionate grounds. Accordingly, this writ petition is allowed. Consequently, miscellaneous applications, pending, if any, shall also stand closed. ___________________ JUSTICE V. SUJATHA Date:02.12.2025 Gss