APHC010017052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 1051/2024 Between:

1. D ASARI VENKAT SACHIN,, S/O. LATE DASARI LAKSHMI DEVI, EX-F.P. SHOP DEALER, SHOP NO. 1302027, H. NO. 1/38-B, KANDUKUR VILLAGE, KOSIGI MANDAL, KURNOOL DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. T HE DISTRICT COLLECTOR CIVIL SUPPLIES, KURNOOL, KURNOOL DISTRICT.

3. T HE SUBCOLLECTOR, ADONI, KURNOOL, KURNOOL DISTRICT.

4. T HE REVENUE DIVISIONAL OFFICER, 4. ADONI REVENUE DIVISION, ADONI, KURNOOL DISTRICT.

5. T HE TAHSILDAR, 5. KOSIGI MANDAL, KURNOOL 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 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 Counsel for the Petitioner:

1. HANUMANTHA RAO VELLALACHERVU Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES The Court made the following:

ORDER:

Questioning the endorsement passed by the 3^rd 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.

2. 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.

3. 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 3^rd respondent and the 3^rd 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 4^th 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.

4. On the other hand, learned Assistant Government Pleader for Civil Supplies while justifying the impugned endorsement passed by t