A writ petition challenging an administrative order becomes infructuous when a competent appellate authority subsequently passes an order on the same subject matter, provided that the subsequent order is not challenged by the petitioner.

(Special Original Jurisdiction)

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 a writ or a direction more particularly one in nature of Mandamus declaring the action of the 3rd respondent in passing ordersvide endorsement Rc.M. 519/2023, dated 13.10.2023, rejecting the application of the Petitioner for appointment on compassionate grounds without consideration the documents given by the petitioner, which is illegal. arbitrary and violation of G.O. Ms. No.4, dated 28.02.2014, and consequently direct the 3rdand 5th respondent to appoint the Petitioner on compassionate grounds as per G.O. Ms. No.4, dated 28.02.2014, and to 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 pass a order for interim suspension of the endorsement Rc.M. 519/2023, dated 13.10.2023, pending disposal of the main Writ petition and pass

IA NO: 1 OF 2026

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 receive the counter copies on record by allowing the leave petition in the above writ petition and pass

The Court made the following:

ORDER:

Questioning the endorsement passed by the 3rd respondent vide Rc.M.519/2023 dated 13.10.2023 rejecting the application of the petitioner for appointment on compassionate grounds without consideration of the documents given by him, the present writ petition is filed.

Heard Smt S.Lakshmi Prameela, learned counsel representing Sri Hanumantha Rao Vellalacheruvu, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies for the respondents.

Learned counsel for the petitioner while reiterating the contents of the affidavit contended that, the petitioner’s mother who was appointed as Fair Price Shop Dealer to the fair price shop No.1302027 of Kandukur Village, Kosigi Mandal on 01.04.2008 died on 19.05.2021. Thereafter, the petitioner made an application for compassionate appointment as per G.O.Ms.No.4 dated 28.02.2014 before the 3rd respondent and the 3rd respondent, basing on the report of the Tahsildar, Kosigi, stating that the petitioner’s mother’s authorization was suspended and later it was cancelled, without conducting any enquiry or examining the records submitted by the petitioner, rejected the application of the petitioner. He further submitted that till the death of the petitioner’s mother, enquiry was pending before the 4th respondent and no final order has been passed cancelling the license. She further submitted that if the said endorsement is materialized, it affects the rights of the petitioner, as such, prayed to pass appropriate orders.

On the other hand, learned Assistant Government Pleader for Civil Supplies while justifying the impugned endorsement passed by the 3rd respondent on counter contended that there is neither illegality nor procedural irregularity while passing the orders impugned. He further submitted that the petitioner has filed appeal case before the Joint Collector questioning the impugned endorsement and the Joint Collector passed the orders dated 05.03.2024 duly observing that the authorization of the petitioner’s mother was cancelled way before her death and there was no subsisting authorization and neither the petitioner nor his father are entitled for authorization on compassionate grounds. The said order was not questioned. The writ petition is devoid of merits and liable to be dismissed, accordingly, prayed to dismiss the writ petition.

A perusal of the record would indicate that orders have been passed by the appellate authority in Appeal Case No.CS.3/109/2023 dated 05.03.2024 and by virtue of the same, the cause in the writ petition has become infructuous. No reasons are coming