APHC010023192020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1425/2020 Between: 1. DEVARAPALLI LALA RAO,, S/O. KOTESWARA RAO, AGE 31 YEARS, RIO. MUPPARAJUVARIPALEM, RAMUDUPALEM VILLAGE, NUZENDLA MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, NARASARAOPET, GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE TAHSILDAR, NUZENDLA MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...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 order or direction, m)re particularly one in the nature of writ of Mandamus, declaring that the action of the 2nd respondent in not appointing the petitioner as Fair Price Shop Dealer for Shop.No.0744012 of Ramudupalem Village, Nuzendla Mandal, Narasarapoet Division, Guntur District in pursuance of notification dated 07.06.2018 issued by the 3rd 2 VS,J W.P.No.1425 of 2020 respondent and notice issued by the 2nd respondent dated 24.12.2018 as is illegal, arbitrary and violation of principals of natural justice and consequently direct the 2nd respondent to appoint the petitioner as F.P.Shop Dealer to the F.P. Shop. No.0744012 of Ramudupalem Village, Nuzendla Mandal, Narasarapoet Division, Guntur District IA NO: 1 OF 2020 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 2nd respondent to appoint the petitioner as F.P.Shop Dealer to the F.P. Shop. No.0744012 of Ramudupalem Village, Nuzendla Mandal, Narasarapoet Division, Guntur District, pending disposal of the above writ petition Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 VS,J W.P.No.1425 of 2020 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 order or direction, more particularly one in the nature of writ of Mandamus, declaring that the action of the 2nd respondent in not appointing the petitioner as Fair Price Shop Dealer for Shop.No.0744012 of Ramudupalem Village, Nuzendla Mandal, Narasarapoet Division, Guntur District in pursuance of notification dated 07.06.2018 issued by the 3rd respondent and notice issued by the 2nd respondent dated 24.12.2018 as illegal, arbitrary and violation of principals of natural justice and consequently direct the 2nd respondent to appoint the petitioner as F.P.Shop Dealer to the F.P. Shop. No.0744012 of Ramudupalem Village, Nuzendla Mandal, Narasarapet Division, Guntur District.…” 2. Brief facts of the case are as follows: a) In pursuance of the notification dated 07.06.2018 issued by the 3rd respondent for appointment of the Fair Price Shop dealership for Shop No.0744012, Ramudupalem Village, Nuzendla Mandal, Narasaraopet Division, Guntur District on permanent basis, the petitioner applied for the said post. Thereafter, the petitioner was called for an interview conducted on 20.07.2018 before the 3rd respondent, having successfully passed the written examination held on 07.07.2018. b) The Government of Andhra Pradesh issued G.O.Ms.No.15 Consumer Affairs, Food and Civil Supplies (CS-I) dated 01.08.2018, wherein the 2nd respondent/Joint Collector was designated as the appointing authority. 4 VS,J W.P.No.1425 of 2020 In pursuance thereof, the 2nd respondent issued a notice to the petitioner to appear before the District Selection Committee on 27.12.2018 at 2.00 pm. along with the relevant certificates. The petitioner appeared for the interview held on 27.12.2018. However, as on today, the 2nd respondent has neither announced the results nor cancelled the notification, and has not appointed the petitioner despite the petitioner attending the interview. The petitioner made a representation to the District Collector on 16.02.2019 through the Spandana Programme, requesting direction to the 2nd respondent to appoint him as Fair Price Shop dealer. Challenging the inaction of the 2nd respondent, the present writ petition has been filed. 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. Today, when the matter came up for hearing, the learned Assistant Government Pleader for Civil Supplies produced the original record as well as the mark sheet of the petitioner pursuant to the impugned notification dated 07.06.2018. As per the record, the petitioner secured 39 marks out 80 marks, whereas one M.Ramanjaneyulu, secured 41 marks out of 80 marks and thus stood first in the selection list. However, due to the pendency of the writ petition, the appointment letter could not be issued to M.Ramanjaneyulu. 5. As per the said original records submitted by the learned Assistant Government Pleader for Civil Supplies, it is an admitted fact that the petitioner secured only 39 marks out of 80 marks, whereas M.Ramanjaneyulu secured 5 VS,J W.P.No.1425 of 2020 41 marks and stood as first in the selection list. Therefore, the petitioner has no right to claim for appointment as a Fair Price Shop Dealer. 6. In view of the above, this court is of the opinion that no further orders are necessary in the present writ petition. However, the respondents are at liberty to appoint M.Ramanjaneyulu as expeditiously as possible. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ___________________ JUSTICE V.SUJATHA Dated: 24.11.2025 KGR