Disposed¶77

Shaik Boggula Abdul Gafhar v. the State of Ap

Andhra Pradesh HC5 Aug 2025WP/20561/2025

Case brief

AI extract

What is this about?

Compassionate ground appointment Fair Price Shop dealer; temporary FPS appointment pending representations; G.O.Ms.No. 4 dated 28.02.2014; G.O.Ms.No. 33 dated 19.12.2018; mandamus direction to consider representations; Article 226 writ petition; Kurnool civil supplies; vacancy due to dealer's death; disposal without costs; Andhra Pradesh High Court Amaravati; Kiranmayee Mandava, J.; W.P. No. 20561 of 2025; Rc.DT(LR)732/2025; Shop No. 1317028 Nannur Orvakal.

What did the court decide?

Direction to respondent No.3 (RDO, Kurnool) to pass appropriate orders on the petitioner's representations dated 13.06.2025, 25.06.2025 and 30.06.2025 within four (04) weeks from receipt of the order; no order as to costs; pending miscellaneous applications closed. No appointment of the petitioner was ordered. ¶77

Shaik Boggula Abdul Gafhar Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent No.3 was required to consider the petitioner for appointment as Fair Price Shop Dealer on compassionate grounds (per his representations of 13.06.2025, 25.06.2025 and 30.06.2025) before/in lieu of appointing respondent No.5, and whether a direction to consider the petitioner should issue. +1 more

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Court's answer

This Court disposed of the writ petition directing respondent No.3 to pass appropriate orders on the petitioner's representations dated 13.06.2025, 25.06.2025 and 30.06.2025 within a period of four (04) weeks from the date of receipt of the order.

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Ratio / Principle

With the said observation the writ petition is disposed of; there shall be no order as to costs, and as a sequel all pending miscellaneous applications stand closed.

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Detailed headnote1 paragraphs

Writ Petition No. 20561 of 2025, High Court of Andhra Pradesh at Amaravati (Kiranmayee Mandava, J.), disposed of on 06.08.2025. Following the death of the petitioner's father on 17.04.2025 — a Fair Price Shop Dealer for about forty years — the petitioner sought compassionate appointment as dealer of Shop No. 1317028, Nannur, Orvakal Mandal, Kurnool District, invoking G.O.Ms.No. 4 dated 28.02.2014 and G.O.Ms.No. 33 dated 19.12.2018, and challenged the Revenue Divisional Officer's Proceedings Rc.DT(LR)732/2025 appointing respondent No.5 (Shaik Karimunnisa) as temporary dealer without considering his representations dated 13.06.2025, 25.06.2025 and 30.06.2025. The Assistant Government Pleader submitted that respondent No.5's appointment was temporary and the representations were pending consideration. The Court directed respondent No.3 to pass appropriate orders on those representations within four weeks from receipt of the order; no order as to costs; pending miscellaneous applications closed. The Court did not itself decide entitlement or declare the appointment illegal; no precedent was cited.

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APHC010399672025

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 20561 OF 2025

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Between:

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Shaik Boggula Abdul Gafhar, S/o S.B. Razak Miah, Aged about 41 years, R/o. D.No. 1-63, Muslims Street, Nannur, Orvakall Mandal, Kurnool District.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi,^Amaravathi.

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The Collector (CS)/Joint Collector and Additional District Magistrate,

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Kurnool, Kurnool District.

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The Revenue Divisional Officer, Kurnool, Kurnool District.

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The Tahsildar, Orvakall Mandal, Kurnool District.

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Shaik Karimunnisa, W/o. Molla Jaker Hussain, 1®* leader of Meenakshi Self Help (Podupu) Group, Temporary Fari Price Shop Dealer, Shop No. 1317028, Nannur, Orvakal Mandal. Kurnool District.

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...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3^^^ respondent in issuing the Proceedings Rc.DT(LR)732/2025 dated -06-2025 appointing

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the 5‘^ respondent as Temporary Fair Price Shop dealer^{inShopNo.1317028,} Nannur, Orvakal Mandal, Kurnool District without considering the petitioners case on Compassionate ground as illegal, improper, unjust, arbitrary, and contrary to G.O.Ms.No. 4 dated 28.02.2014 and G.O.Ms.No. 33 dated 19.12.2018 and further direct the 3rd respondent to appoint the petitioner as Fair Price Shop Dealer in Shop No. 1317028, Nannur, Orvaka Mandal, Kurnool District

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the Fiigh Court may be pleased to stay the Proceedings in Rc.DT(LR)732/2025 dated -06-2025 issued by^the 3rd respondent appointing the 5th respondent as Temporary^{FairPriceShop} dealer in Shop No.317028, Nannur, Orvakal Mandal, Kurnool District pending disposal of the writ petition

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lA NO: 2 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the Fiigh Court may be pleased to direct the 3^^^ respondent to consider the request of the petitioner for appointment as Fair Price Shop Dealer in Shop No. 1317028,^{Nannur,Orvaka} Mandal, kurnool District pending disposal of the writ petition

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Counsel for the Petitioner: SRI MAHADEVA KANTHRIGALA

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Counsel for the Respondents No.1 to 4: GP FOR CIVIL^SUPPLIES

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The Court made the following order;

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[3458]

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APHC010399672025 COURT OF ANDHRA PRADESH IN THE HIGH SsiS at AWIARAVATI

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APHC010399672025

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(Special Original Jurisdiction)

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WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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JUSTICE KIRANMAYEE MANDAVA the honourable SNIT

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^/MPIT PFTITION MO! 20561/2025

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Between;

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S/0 S B.RAZAK Ml AH, AGED

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1.SHAIK BOGGULA ABDUL GAFHAR MUSLIMS STREET, NANNUR, ABOUT 41 YEARS, R/O.D.NO. 1-63 manual, kurnool district.

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ORVAKALL

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...PETITIONER

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AND

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PRINCIPAL SECRETARY, CIVIL

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1.THE STATE OF AP, REP- BY ITS buildings. SECRETARIAT

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department.

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SUPPLIES VELAGAPUDI, AMARAVATHl.

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and additional

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CS/JOINT COLLECTOR

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2.THE COLLECTOR kurnool, kurnool DISTRICT.

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district magistrate

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KURNOOL, KURNOOL

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divisional OFFICER

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3.THE REVENUE district.

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MANDAL, KURNOOL DISTRICT.

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4.the TAHSILDAR, ORVAKALL

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.MOLLAJAKER HUSSAIN, 1ST LEADER

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5.SHAIK KARIMUNNISA, W/O. HELP (PODUPU) GROUP

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OF MEENAKSHI SELF ^ NANNUR, SHOP NO. 1317028,

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FARI PRICE SHOP DEALER ORVAKAL MANUAL. KURNOOL DISTRICT.

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...rESPONDENT(S);

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Counsel for the Petitioner;

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1 .MAHADEVA KANTHRIGALA

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1 & I

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Counsel for the Respondent(S):

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1.GP FOR CIVIL SUPPLIES

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The Court made the following:

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ORDER:

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Heard Sri Mahadeva Kanthrigala, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government^{PleaderforCivil} Supplies appearing for the respondents.

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The prayer sought by the writ petitioner in the instant^Writ Petition is for a direction to the respondent No.3 to consider him for appointment as Fair Price Shop Dealer on compassionate grounds.

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It is contended that the petitioner’s father was appointed^asa Fair Price Shop Dealer about forty (40) years ago,^{andhecontinuedas} such until his death on 17.04.2025. After the death of the petitioner’s father, it appears that the petitioner has made representations, dated 13.06.2025, 25.06.2025 & 30.06.2025, to the respondents^{toconsiderhis} case for appointment as a Fair Price Shop Dealer in^{termsofG.O.Ms.} No.04, dated 28.02.2014, and G.O.Ms.No.33, dated 19.12.2018.^Without considering the representations of the petitioner,^{respondentNo.5was} appointed by respondent No.3 as a Fair Price Shop Dealer, vide th proceedings dated 00-06-2025. Without considering the^same,the5 respondent has been appointed as dealer in the vacancy^{thatoccurredon}

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account of tho death of the petitioner’s father. The petitioner seeks for consideration of his case for appointment on compassionate^basis.

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Learned Assistant Government Pleader for Civil Supplies appearing for the respondents submits that appointment of the respondent No.5 is only a temporary appointment and the representations filed by the petitioner are pending consideration before the respondents.

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Considered the rival submissions. Having regard to the same, this Court deems it appropriate to dispose of the Writ Petition directing the respondent No.3 to pass appropriate orders on the representation^smade by the petitioner, dated 13.06.2025, 25.06.2025 & 30.06.2025, within a period of four (04) weeks from the date of receipt^oftheorder.

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