APHC010598282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30846/2025 Between: 1. M SRINIVASA RAJU, S/O LATE KURNNARAJU AGE 44 YEARS, OCC UN-EMPLOYEE R/O GUDEPUVALASA VILLAGE, BADANGI MANDAL VIZIANAGARAM DIST. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE COLLECTOR CS, VIZIANAGARAM DIST., AT VIZIANAGARAM. 3. THE REVENUE DIVISIONAL OFFICER, BOBBILI DIVISION, VIZIANAGARAM DIST. 4. THE TAHSILDAR, BADANGI MANDAL, VIZIANAGARAM 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 of mandamus declaring the action of the 3 respondent in not appointing the petitioner as Fair Price Shop Dealer compassionate grounds in respect of FP Shop No.0214016 of Gudepuvalasa Village, Badangi Mandal of Vizianagaram Dist., pursuant to the amendment GO issued by the 1st 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 28-2-2014 wherein 2 VS,J W.P.No.30846/2025 enhancing the upper age limit 50 years as on the day of demise of Fair Price Shop Dealer by finalizing the letter addressed by the 4th respondent vide Rc.No.222/2025/CSDT/dt 18-8-2025 as illegal, arbitrary, and violative of principles of natural justice and consequently 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 pleased to direct the 3rd respondent to consider and dispose of the letter addressed by the 4th respondent dt: 18-8-2025 for appointment of the petitioner as FP Shop dealer in respect of Shop No.0214016 of Gudepuvalasa Village, Badangi Mandal of Vizianagaram 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.30846/2025 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 3rd respondent in not appointing the petitioner as Fair Price Shop Dealer on compassionate grounds in respect of FP Shop No.0214016 of Gudepuvalasa Village, Badangi Mandal of Vizianagaram Dist., pursuant to the amendment GO issued by the 1st 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 28-2-2014 wherein enhancing the upper age limit 50 years as on the day of demise of Fair Price Shop Dealer by finalizing the letter addressed by the 4th respondent vide Rc.No.222/2025/CSDT/dt 18-8-2025 as illegal, arbitrary, and violative of principles of natural justice and consequently direct the respondents to appoint the petitioner as FP Shop dealer for the subject shop on compassionate grounds, and pass such other order or orders…” 2. Brief facts of the case are as follows: a. The petitioner’s father was appointed as permanent Fair Price Shop Dealer for Shop No.0214016 of Gudepuvalasa Village, Badangi Mandal of Vizianagaram District, by virtue of an authorization issued under Clause 5 of the Andhra Pradesh Public Distribution System (Control) Order, 2008. The said authorization is valid upto 31.03.2027. b. However, the petitioner’s father unfortunately died on 21.06.2025 leaving behind his legal heirs i.e., petitioner, his mother, brother and sister. As the petitioner’s younger brother is job holder and sister is married, petitioner’s mother submitted an application dated 11.08.2025, to respondent No.4, requesting for appointment of the petitioner on compassionate grounds, in pursuance of G.O.Ms.No.33, Consumer Affairs, Food and Civil Supplies (CS- I) Department, dated 19.12.2018 and G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS-I) Department, dated 28.02.2014. c. The respondent No.4 issued proceedings vide R.C.No.222/2025/CSDT/dated 18.08.2025, recommending the respondent No.3 for appointment of petitioner on compassionate grounds, as the 4 VS,J W.P.No.30846/2025 petitioner is eligible for appointment as Fair Price Shop Dealer to Shop No.0214016 of Gudepuvalasa Village, Badangi Mandal of Vizianagaram District. As no further action has been initiated by the respondent No.3, the petitioner is constrained to file present writ petition. 3. Heard learned counsel for petitioner as well as learned Assistant Government Pleader for Civil Supplies for respondents. 4. As already there is a recommendation from respondent No.4 to respondent No.3, instead of going into merits of the case, the present Writ Petition is disposed of directing respondent No.3 to initiate further action to appoint the petitioner on compassionate grounds as Fair Price Shop Dealer to Shop No.0214016 of Gudepuvalasa Village, Badangi Mandal of Vizianagaram District, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 07.11.2025 KBN 5 VS,J W.P.No.30846/2025 25 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30846/2025 Date: 07.11.2025 KBN