THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.46553 of 2022

ORDER

This Writ Petition is filed seeking a Writ of Mandamus declaring the inaction on the part of respondents No.2 to 4 in appointing the petitioner as fair price shop dealer for shop No.2161017 of Peddaput Village, Athmakur Mandal, Hanamakonda District, on compassionate grounds as illegal and arbitrary.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioner’s father M. Bikshapathi, was 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 applied for compassionate appointment on 30.10.2018. It is submitted that the petitioner’s father also had a second wife and son by name Karunakar i.e., respondent No.6 herein and he had also made an application for compassionate appointment. The report of the Tahsildar-respondent No.5 has been called for and the same has already been submitted. However, no decision has been taken so far and therefore, the present Writ Petition has been filed.

3. The respondent officials have filed a counter affidavit stating that respondent No.4 has given a report in favour of respondent No.6. It is stated that the petitioner is the son of the first wife, but does not reside in the said village, whereas respondent No.6 was residing in the said village and was also assisting his father in the discharge of his duties as a fair price shop dealer. However, it is noticed that no decision has been taken by the authorities so far in respect of either of the parties.

4. Ms. Katyayini, learned counsel representing learned counsel for the petitioner, has drawn the attention of this Court to the reply affidavit filed by the petitioner giving the details of the residence of the petitioner in the said village and submitted that the petitioner is very much residing in the same village and further that till date no appointment has been made and that the shop is being run through an in-charge dealer.

5. Having regard to the rival contentions and the material on record, this Court finds that G.O.Ms.No.4 dated 28.02.2014 provides for compassionate appointment of legal heirs of the deceased fair price shop dealer and the petitioner has accordingly made an application and it is also noticed that respondent No.6 also submitted an application for compassionate appointment and the report has already been called for. After receipt of the report, it is for respondent No.4 to take a decision and make the appointment. Therefore, 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 two (02) weeks from the date of receipt of a copy of this order. The official respondents shall give an opportunity of hearing to both the applicants, i.e., the petitioner and respondent No.6, if necessary.

6. With the above directions, 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.

____________________________

JUSTICE T. MADHAVI DEVI Date: 28.04.2025

PRN