APHC010537932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28256/2025 Between: 1. CH NAGENDRUDU, S/O LATE DEVASAHAYAM AGE.45 YEARS, OCC UN-EMPLOYEE R/O H.NO.2-124/1, MANDALUR VILLAGE RUDRAVARAM MANDAL, NANDYAL DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR OS, NANDYAL DIST., AT NANDYAL. 3. THE REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, NANDAYL DIST. 4. THE TAHSILDAR, RUDRAVARAM MANDAL, NANDYAL 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 to issue writ or direction preferably writ of mandamus declaring Endorsement issued by the 4th respondent Vide L.Pari.1088/2025 dt 16-9- 2025 rejecting request of the petitioner for appointment of FP Shop dealer on compassionate ground in respect of FP Shop No.1337014 at Mandalur Village, Rudravaram Mandal, Nandyal Dist., without considering the G.O.Ms.No.4 Consumer Affairs, Food and Civil Supplies (CS.I.) Department dt 28-2-2014 and subsequent G.O.Ms.No.33 Consumer Affairs, Food and Civil 2 VS,J W.P.No.28256 of 2025 Supplies (CS.I.) Department dt 19-12-2018 on the ground that petitioner has not made any application within one year from the date of death of his father is illegal, arbitrary, and violative of principles of natural justice and consequently set aside the Endorsement dt 16-9-2025 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 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 to direct the respondents to appoint the petitioner on temporary basis in respect of FP Shop No.1337014 at Mandalur Village, Rudravaram Mandal, Nandyal Dist., 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 W.P.No.28256 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: <…to issue writ or direction preferably writ of mandamus declaring Endorsement issued by the 4th respondent Vide L.Pari.1088/2025 dt 16-9-2025 rejecting request of the petitioner for appointment of FP Shop dealer on compassionate ground in respect of FP Shop No.1337014 at Mandalur Village, Rudravaram Mandal, Nandyal Dist., without considering the G.O.Ms.No.4 Consumer Affairs, Food and Civil Supplies (CS.I.) Department dt 28-2-2014 and subsequent G.O.Ms.No.33 Consumer Affairs, Food and Civil Supplies (CS.I.) Department dt 19-12-2018 on the ground that petitioner has not made any application within one year from the date of death of his father is illegal, arbitrary, and violative of principles of natural justice and consequently set aside the Endorsement dt 16-9-2025 and further direct the respondents to appoint the petitioner as FP Shop dealer for the subject shop on compassionate grounds, ….= 2. The brief facts of the case are as follows: a) The petitioner’s father, late Ch.Devasahayam, was a Fair Price Shop dealer of Shop No.1337014 at Mandalur Village, Rudravaram Mandal, Nandyal District. He was appointed in the year 1980 and he continued as a dealer for a period of 42 years, but unfortunately died on 10.08.2022. b) As on the date of the death of the petitioner’s father, as the petitioner was barred by age in accordance with G.O.Ms.No.4 dated 28.02.2014, from making an application for appointment as Fair Price Shop dealer on compassionate grounds, the petitioner could not make an application. But, however, on coming to know about G.O.Ms.No.33 dated 19.12.2018 issued by 4 VS,J W.P.No.28256 of 2025 the authorities enhancing the age limit up to 50 years, the petitioner submitted an application to the 3rd respondent on 28.06.2025 seeking appointment as Fair Price Shop dealer of Shop No.1337014 on compassionate grounds. However, the same was rejected by the 4th respondent vide impugned orders dated 16.09.2025 on the ground that the application was made by the petitioner more than three years after the death of his father, and hence, appointment as a Fair Price Shop dealer was not possible. Aggrieved by the said impugned order, the present writ petition is filed. 3. The grievance of the petitioner in the present writ petition is that the 4th respondent is not the competent authority to pass orders on an application made by him seeking compassionate appointment, especially when it was submitted to the 3rd respondent herein. 4. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 5. During hearing, learned Government Pleader for Civil Supplies has admitted that the 3rd respondent is the appointing authority but not the 4th respondent. 6. In view of the said submission, this Court is of the considered opinion that the impugned proceedings dated 16.09.2025 issued by the 4th respondent, who is not the competent authority, are liable to be set aside. 7. Accordingly, the Writ Petition is allowed, setting aside the impugned proceedings dated 16.09.2025 of the 4th respondent. However, the petitioner is directed to submit a fresh representation to the 3rd respondent herein, duly 5 VS,J W.P.No.28256 of 2025 assigning in detail the reasons for not approaching the concerned authorities within a period of ten (10) days from the date of receipt of a copy of this order. Thereafter, the 3rd respondent shall consider the same and pass appropriate orders in accordance with G.O.Ms.No.4 dated 28.02.2014 as well as G.O.Ms.No.33 dated 19.12.2018, for appointment on compassionate grounds, within a period of four (4) weeks. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 16.10.2025 KGR