High Court · 2025

Petition Under Article 226 of the Constitution of lndia 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 the inaction of the respondent nos. 2 to 4 in appointing the petitioner as fair price shop dealer of shop no..2161017 of Peddapur (v) Athmakur (M) Hanamakonda District, on compassionate grounds having called for enquiry reports on 30-'10- 2018 and even in the month of April, 2022 lrom the Respondent no.5 as illegal, arbitrary and violative of principles of natural justice and consequently direct the ::*-TT respondent nos. 2 to 4 to consider the case of the petitioner for appointment as fair price shop dealer on compassionate grounds. I.A.NO:1 OF 2022 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 respondent nos.2 to 4 to take steps for completion of process of compassionate appointment of petitioner on the basis of reports as ordered by the respondent no.4 vide proc. Rc. no.F111312022 dt. -4-2022 and on 30-10-2018 pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner : SRI M.V.HANUMANTHA RAO, ADVOCATE FOR Ms. KAWAYINI Counsel for the Respondents : GP FOR CIVIL SUPPLIES The Court made the following ORDER THE HON'BLE SMT. JUS:IICE T. MADTIAVI DEYI WRIT PETITION No.46553 of 2022 ORDER This Writ Petition is filed seeking a Writ of Mandamus declaring the inaction on the pafl of respondents No.2 to 4 in appointing the petitioner as l'air price shop dealer for shop No.2161017 of Peddaput Village, Athmakur Mandal, Flanarnakonda District, on cornpassionate grounds as illegal and arbitrary.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioner's lather M. Bikshapathi, u,as the authorized dealer of Fair Price Shop No.2161017 (old 4301017) of Peddapur Village, Athmakur Mandal, Hanamakonda District, and upon his death on 31.08.2018, the petitioner applicd for compassionate appointment on 30.10.2018. It is subrnitted rhat the petitioner's lather also had a second wif'e and son by name Karunakar i.e., respondent No.6 herein and he had also rnade an application for compassionate appointment. The report of the Tahsitdar-respondent No.5 has been called for and the same has already been subn-ritted. However, no decision has been taken so far and therefore, the present Writ Petition has been filed 2 TMDJ wp-46553_2O22

3. The respondent ofllcials have filed a countL.r. affidavit stating that respondcnt No.4 has given a report in favour o| responder-rt No.6. It is stated that the petitioner is the son ol thc fir.st rr ife. but does not reside in the said village, whereas rcspondent No.6 r*as r.esiding in tlie said village and was also assisting his father in the discharge or his duties as a lair price shop dealer. However, it is noticcd that no decision has been taken by the authorities so rar ir.r rcspect or either. of the parties.

4. Ms. Katyayini, learned counsel representiltg learncd counscl for the petitio,er, has drawn the attcntion or this ('ourt to trre reply affidavit filed by the petitione. giving the details ol'the rcsidence of the petitioner in the said viilage and submitted thet the petitioner is very much residing in the same village and furthcr that till date no appointment has been made and that the shop is being n-rn through an in-charge dealer.

5. Having regard to the rival contentions and thc material on record, this (lourt finds that G.O.Ms.No.4 dated 2g.02.2014 provides for compassionate appointment of tegal heirs ofthe deceased fair pricc shop dealer and the petitioner has accordingly madc an application I l ! i 3 IMDJ wp_46553 2022 and it is also noticed that respondent No.6 also submitted an application for compassionate appointment and the report has already been called fbr. After receipt of the report, it is for r.espondent No.4 to take a decision and rnake the appointment. Thereflore, respondent No.4 is directed to take a decision on the application of the petitioner and communicate the same to the petitioner expeditiously, preferably within a period of trvo (02) weeks h'orn the date of receipt of a copy of this order. The officiat respondents shall give an opportunity of hearing to both the applicants, i.e., the petitioner and respondent No.6, if necessaly

6. With the above dilections, this Writ Petition is disposed of. There shall be no order as to costs. 7 Miscellaneous applications, if any, pending in this writ petition. shall stand closed. //TRUE COPY// SD/. N. RAJ GOPAL PUTY REGISTRAR SECTION OFFICER \ \ To Department Secretariat, itate of fetangana at Hyderabad' 1 . The Principal Secretary' Consumer Affairs' Food and Civil Supplies (CS-1) z. in! oistrict Collector, Hanamakonda' i. iii" noJi. Collector, Hanamakonda District' 4 The Revenue Oivisionar 6tf[ei' Farkar' Hanamako'nda District' ; inl i;;;;id;i, Rtrmat<ur (M) Hanamakonda District' 6. Two ccs to GP ron ciilri''s'Ljpiliie5' uign court for the state of relansana ?. il;,66i;il;.'rnrinvrr"rr' Advocate [oPUCl 8. Two CD CoPies at Hvderabad. [OUT] SA KKS t;; HIGH COURT DATED:2810412025 j I I i I I I I i I I I ORDER WP.No.46553 of 2022 :11' L)'' ./' i'_. sOJUL ZM -'- ;.-1 ...1r;i. \,^ 4, DISPOSING OF THE W.P WITHOUT COSTS. \\