APHC010499372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26592/2025 Between: 1. P VENKATA SUJATHA, W/O. VEERAJU, AGED ABOUT 41 YEARS, OCC. FAIR SHOP DEALER, F.P. SHOP NO.0728012 R/O. D.NO.2-21, GODAVARRU, PEDAPALEM, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUBCOLLECTOR, TENALI DIVISION, GUNTUR DISTRICT. 3. THE TAHSILDAR, DUGGIRALA MANDAL, GUNTUR DISTRICT. ...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 of Mandamus or any other appropriate Writ Order or direction declaring the in action of the 2nd respondent in not considering the representation of the petitioner dated 12.09.2025 to appoint the petitioner as a Fair Price Shop Dealer on compassionate grounds for Shop. No. 0728012 situated at Godavarru Village, Duggirala Mandal, Guntur District is illegal, arbitrary and violation of principles of natural justice consequently direct the 2nd respondent to appoint the petitioner as a Fair Price Shop Dealer on 2 compassionate grounds for Shop. No. 0728012 situated at Godavarru Village, Duggirala Mandal, Guntur District 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 2nd respondent to appoint the petitioner as a Fair Price Shop Dealer on compassionate grounds for Shop. No. 0728012 situated at Godavarru Village, Duggirala Mandal, Guntur District pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 The Court made the following ORDER: The present writ petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…declaring the inaction of the 2nd respondent in considering the representation of the petitioner dated 12.09.2025 to appoint the petitioner as a Fair Price Shop Dealer on compassionate grounds for Shop No.0728012 situated at Godavarru Village, Duggirala Mandal, Guntur District, as illegal, arbitrary and violative of principles of natural justice and consequently direct the 2nd respondent to appoint the petitioner as a Fair Price Shop Dealer on compassionate grounds for Shop No.0728012 situated at Godavarru Village, Duggirala Mandal, Guntur District and pass such order or orders…” 2. The petitioner's father was initially appointed as permanent Fair Price Shop Dealer for Shop No. 0728012 at Godavarru Village, Duggirala Mandal, Guntur District. Unfortunately, he passed away on 07.05.2021. At the time of his demise, he was survived by three daughters and one son. However, as of today, the petitioner is the only surviving legal heir. Accordingly, the petitioner, being the sole surviving successor of her father, submitted a representation dated 12.09.2025 to the 2nd respondent, seeking appointment as the Fair Price Shop Dealer on compassionate grounds, in accordance with G.O.Ms.No.4, Consumer Affairs, Food & Civil Supplies (CS1) Department, dated 28.02.2014. As the said representation has not been disposed of till date, the petitioner is constrained to file the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. The learned AGP took an objection that the petitioner is a married daughter as such she is not eligible for appointment on compassionate grounds. 4 4. Under similar circumstances, where a married daughter had submitted a representation seeking appointment on compassionate grounds in accordance with G.O.Ms.No.4, dated 28.02.2014, this Hon’ble Court, in W.P.No.16576 of 2024, allowed the writ petition with the following directions. “5. The learned counsel for the petitioner relied on the decisions of this high Court in W.P.No.28931 of 2021, dated 20.01.2022 held in Smt.Peddisetti Anitha Sree Yenepalli Anitha Sree v. State of Andhra Pradesh 1 and W.P.No.14734 of 2021 dated 08.04.2022 held in Gochipatha Kalyani v. State of Andhra Pradesh 2 , wherein the issue under challenge is the appointment of a married daughter on compassionate appointment being rejected by the appointing authorities. In both these decisions, this High Court held that the married daughter is also entitled for compassionate appointment, if otherwise eligible. In the 2nd cited supra, paragraph-15 reads as under: “… for all the aforesaid reasons, this Court is of the considered view that the married daughter is also entitled for compassionate appointment. The impugned order, rejecting the petitioner’s claim for appointment on compassionate ground, only on the ground that the petitioner is married daughter of the deceased, cannot be sustained. The impugned order is therefore quashed…” 5. In view of the same, as the representation made by the petitioner dated 12.09.2025 is already pending before the 2nd respondent, for consideration, there shall be a direction to the 2nd respondent to consider the petitioner’s representation dated 12.09.2025 for appointment as FP shop dealer on compassionate ground for Shop No.0728012 of Godavarru Village in accordance with G.O.Ms.No.4, dated 28.02.2014 and also in accordance with the judgment of this Court in W.P.No.16576 of 2024. The said process shall 1 Manu/AP/0072/2022 2 2022 SCC OnLine AP 913 5 be completed within a period of four (4) weeks from the date of receipt of a copy of this order. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 25.09.2025 KA 6 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26592/2025 Date: 25.09.2025 KA