Dismissed

Rayabarapu Babu, v. Ex-Officio Secy.,Food and Civil Supplies,a.P.

Andhra Pradesh HC13 Oct 2024WP/4035/2018

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition where the petitioner, seeking compassionate appointment as a Fair Price Shop dealer, challenged the rejection based on his father's prior suspension under the Essential Commodities Act. The court relied on a previous interlocutory dismissal applying the relevant Government Order guideline.

What did the court decide?

The writ petition was dismissed without costs and pending miscellaneous applications were closed.

Rayabarapu Babu, Vs Ex-Officio… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

¶2

MONDAY ,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

¶5

WRIT PETITION NO: 4035 OF 2018

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Between:

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Rayabarapu Babu,, S/o late Jeevarathnam, Age.31 years, Occ. UnEmployee, R/o 2-62/A, Kakaravai Village, Vastavai Mandal, Krishna Dist.

¶8

...Petitioner

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AND

¶10

State of Andhra Pradesh, rep.by its Ex-Officio Secretary to Govt, Consumer Affairs, Food and Civil Supplies Secretariat, Amaravathi, Guntur Dist.

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The District Collector,Krishna Dist., at Machilipatnam.

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The Sub-Collector,Vijayawada, Krishna Dist.

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The Tahsildar, Vastavai Mandal, Krishna Dist.

¶14

...Respondents

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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 issue writ or direction preferably Writ of Mandamus declaring the Endorsement dt.8-1-2018 rejecting the request of the petitioner for compassionate appointment and subsequent Notification vide R.C.NO.A7/18/2018 dt.1-2-2018 issued by the 2^^ respondent inviting applications for appointment of FP Shop dealer in respect of FP Shop No.17, Kakaravai Village, Vastavai Mandal of Krishna Dist., as illegal, arbitrary, and violative of principles of natural justice and consequently set aside the Endorsement dt.8-1-2018 and subsequent Notification

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dt.20-1-2018 (in so far as subject shop is concerned)^{bydirectingthe} authorities to appoint the petitioner as FP shop deaier^{forthesubjectshop.}

¶17

rtr

¶18

IA NO: 1 OF 2018

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} all further proceedings pursuant to the Notification pleased to Stay dt; 1-2-2018 issued by the 3' respondent (in respect of shop No. 17 of Kakaravai Village, Vastavai Mandal of Krishna Dist.),^{pendingthedisposal} of writ petition in the interest of justice.

¶20

Counsel for the Petitioner: SRI. M M M SRINIVASA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES^(AP)

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The Court made the following: ORDER

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APHC010091752018 COURT OF ANDHRA PRADESH IN THE HIGH at AWIARAVATI (Special Original Jurisdiction) aSS

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APHC010091752018

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[3311]

¶25

MONDAY ,THE TWO THOUSAND AND TWENTY FOUR

¶26

PRESENT

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THE honourable ms justice B S BHANUMATHl WRIT PETITIHM NO: 4035/2018

Between;

...PETITIONER

Rayabarapu Babu,

AND ...RESPONDENT(S) Food And Civil Supplies A P and Exofficio Secy Others

¶32

Counsel for the Petitioner:

¶33

1.M MM SRINIVASA RAO

¶34

Counsel for the Respondent(S);

¶35

1.GP FOR CIVIL SUPPLIES (AP)

¶36

The Court made the following.

¶37

¶38

HON’BLE Ms. JUSTICE B.S.BHANUMATHI

¶39

WRIT PETITION No.4035 OF 2018

¶40

ORDER:

¶41

This writ petition is filed seeking to declare the endorsement dated 08.01.2018 rejecting the request of the petitioner for compassionate appointment and subsequent notification vide R.C.NO.A7/18/2018 dated 01.02.2018 issued by the 2 nd respondent inviting applications for appointment of FP shop dealer in respect of FP Shop No. 17, Kakaravai Village, Vastavai Mandal of Krishna District, as illegal, arbitrary and violative of principles of natural justice.

¶42

The case of the petitioner briefly is as follows:

¶43

Originally the father of the petitioner by name R.Jeevaratnam was appointed as permanent dealer of Shop No. 17, Kakaravai Village, Vastavai Mandal of Krishna District. The father of the petitioner died on 17.06.2016 leaving behind him, his wife, three sons and one married daughter. During the lifetime of the father of the petitioner, 3 rd respondent issued order dated 18.08.2015 suspending his dealership on the allegation of variation in the stock. Subsequent^tothedeathof the father of the petitioner, an application was made for appointment of the petitioner for the same fair price shop as per the guidelines in G.O.Ms.No.4 C.A.F. & C.C.(C.S.I) Dept, dated 28.02.2014. However, on 08.01.2018 the application of the petitioner was rejected by the 3 rd respondent on the ground that the dealership of the petitioner’s father was under suspension, based on the guidelines at para-6(vi)^ofthesaid G.O. The said approach is illegal, arbitrary and violative of natural justice. Hence, this writ petition is filed.

¶44

The learned counsel for the petitioner submitted that there was no occasion for conclusion of the enquiry during the lifetime^{ofthefatherof}

¶45

¶46

N \

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the writ petitioner and therefore the impugned order is not valid. He further submitted that order of suspension beyond 90 days would become invalid and therefore, the same cannot be a ground to reject the appointment of the petitioner on compassionate grounds. The learned Assistant Government Pleader submitted that the impugned order is valid in view of guideline No.6(vi), which states that previous record of the dealer shall be clean and there shall be no cases under the orders issued under the Essential Commodities Act pending against him/her to consider the appointment of the legal heir on compassionate ground after the death of the dealer.

¶48

As can be seen from the proceedings of this Court dated 09.02.2018 in I.A.No.1 of 2018, this Court made an observation that ‘in view of para 6(vi) of G.O.Ms.No.4, dated 28.02.2014 and considering the fact that a case under Section 6-A of the Essential Commodities Act, 1955, was registered against the petitioner’s father and thereby, his authorization was suspended, rejection of the request of the petitioner to appoint him as a dealer for Fair Price Shop No.17 on compassionate ground primaJacie cannot be found fault with.’ In view of para-6(vi) of the above said G.O., there cannot be any fault with the impugned order and accordingly the interlocutory application was dismissed.

¶49

In view of the above said finding already given and^there is no other view possible, this writ petition is dismissed.

¶50

There shall be no order as to costs.

¶51

Pending miscellaneous applications, if any, shall stand^closed.

¶52

To,

¶53

Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SE^TI^OFFICER

¶54

2 Twn rr Srinivasa Rao, Advocate [OPUCl Pradesh

¶55

JourT ^ Court of Andhra

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1. Three CD Copies

GTS

HIGH COURT

DATED;14/10/2024

ORDER

WP.No.4035 of 2018

ANOSi^
= 2 5 MAR 2025
a^ . Curreni Seciion ^

¶64

DISMISSING THE W.P.

¶65

WITHOUT COSTS

Rayabarapu Babu, v. Ex-Officio Secy.,Food and Civil Supplies,a.P.

Case brief

What is this about?

What did the court decide?

Rayabarapu Babu, v. Ex-Officio Secy.,Food and Civil Supplies,a.P.

Case brief

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What did the court decide?

What the court decided

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