APHC010569062024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29667/2024 Between: 1. GATREDDY RUPA, W/O. SRINIVASA RAO, AGED ABOUT 35 YEARS, D/O. LATE AMALAKANTI PRASAD, COMPASSIONATE F.P SHOP DEALER, F.P SHOP NO. 0319004, KOTHAKOTA -1, RAVIKAMATHAM MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS EX-OFFICIO SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AP STATE, CIVIL SUPPLIES CORPORATION LTD, D.NO.10-152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDE SIRIS COMPANY, ASHOK NAGAR, BANDAR ROAD, KANURU, VIJAYAWADA - 520007. 3. THE COLLECTOR CIVIL SUPPLIES, ANAKAPALLI DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, (CIVIL SUPPLIES), NARSIPATNAM DIVISION ANAKAPALLI DISTRICT. 5. THE TAHASILDAR CIVIL SUPPLIES, RAVIKAMATHAM MANDAL, ANAKAPALLI DISTRICT. 2 ...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 pass an order or orders or a direction in the nature of a WRIT OF MANDAMUS the proceedings issued by the 4th Respondent vide R.C. No. 465/2024/DT dated 06.12.2024 to the extent of notifying the Fair Price Shop No. 0319004, Ravikamatham Mandal, Anakapalli District, as vacant for the appointment of permanent dealers pending consideration of appointment on Kothakota Village, my case for compassionate grounds as wholly illegal, arbitrary, unjust, contrary to principles of natural justice, GO.Ms 4 Consumer Affairs, Food and civil Supplies Department (CS-I) dated 28.02.2014, GO.Ms 33 CA Fand CS (CS-I) dated 19.12.2018 besides being violative of the petitioners rights guaranteed under Article 14 and 16 of the Constitution of India and consequently set aside the same to the extent of the Fair Price Shop No. 0319004, Ravikamatham Kothakota Village, Mandal District and/or 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 to direct the respondents to continue me as fair price shop dealer to the shop number 0319004,Kothakota Village, Ravikamatham Mandal, Anakapalli District by staying the proceedings vide R.C. No. 465/2024/DT dated 06.12.2024 issued by the 4th Respondent to the extent of the shop number 0319004 and pass Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: The proceedings issued by the 4th respondent vide R.C.No.465/2024/DT dated 06.12.2024 notifying the fair price shop No.0319004, Kothakota Village, Ravikamatham Mandal, Anakapalli District, as vacant for appointment of permanent dealers, pending consideration of the petitioner’s case for appointment on compassionate ground, is challenged in this writ petition. 2. Heard Sri T.S.B.V.Rama Reddy, learned counsel representing M/s CKR Associates, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that, originally petitioner’s father was appointed as fair price shop dealer for the shop bearing No.0319004 of Kothakota Village, Ravikamatham Mandal, Anakapalli District. While continuing as dealer, he died and the petitioner being nominee, continued in the fair price shop dealership. He would further contend that the petitioner submitted an application/representation to the authority concerned to appoint the petitioner as fair price shop dealer on compassionate ground and the said application/representation is pending consideration. Without passing any orders on the said application, a notification has been issued by the authority concerned for appointing a dealers to the subject fair 4 price shop. He further submitted that if such notification is allowed and any member is appointed in place of the petitioner, it not only affects the rights of the petitioner, but also his livelihood would be affected, as such, filed the present writ petition. He further submitted that this Court, on 17.12.2024, granted interim orders as prayed for. It would suffice for the time being if a direction is given to the respondents to pass orders on the petitioner’s application/representation in a time bound manner and till such consideration, prayed to continue the interim orders passed by this Court on 17.12.2024. 4. On the other hand, Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies fairly contended that the writ petition may be disposed of with such direction. 5. Perused the record and considered the submissions made by the learned counsel for the parties. 6. It is not in dispute that the petitioner’s application/representation dated 07.10.2024 for appointment as fair price shop dealer on compassionate ground is pending consideration before the authorities concerned. Further, the record shows that a report dated 08.02.2024 has been submitted by the Tahsildar stating that he has enquired the petitioner’s case and recommended the petitioner for compassionate appointment as she is eligible. 5 7. In view of the facts and circumstances of the case, without going into the merits and demerits of the case and decide whether the petitioner is eligible for appointment on compassionate appointment or not, this Court is inclined to dispose of the writ petition by passing the following order: “The respondent authority concerned-Revenue Divisional Officer- 4th respondent is directed to pass orders on the petitioner’s application/representation dated 07.10.2024 by duly taking into consideration, the proceedings of 5th respondent-Tahsildar dated 08.02.2024 in accordance with law, if required by giving opportunity of personal hearing to the petitioner. Till such time, the interim orders dated 17.12.2024 shall remain in force.” 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 21st January, 2026 RKS