Mohammad Arif Vs the State of Andhra Pradesh

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 action of the 3 respondent in not appointing the petitioner as 'Fair Price Shop Dealer' on compassionate grounds in respect of FP Shop^No.1381028 of M.S.Nagar, Yemmiganur Town and Mandal of Kurnool Dist., by considering the applications filed on 30-5-2024 and 5-9-2024 pursuant to the G.O.Ms.No.4 dt.28-2-2014, as illegal, arbitrary, and violative of principles of

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natural justice and consequently direct the respondents to appoint the petitioner as FP Shop dealer for the subject shop on compassionate grounds. 1 OF 2025

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/ Petition under Section 151 CPC praying that in the circumstances stated trrfhe'affidavit filed i in support of the petition, the High Court may be pleased^to direct the respondents to consider and dispose of the applications filed by the petitioner dt:30-5-2024 and 5-9-2024 seeking for compassionate appointment as FP Shop dealer in respect of Shop No.1381028 of M.S.Nagar, Yemmiganur Town & Mandal of Kurnool Dist. pending the disposal of writ petition in the interest of Justice.

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r' Counsel for the Petitioner: SRI M M M SRINIVASA RAO

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Counsel for the Respondent Nos.2 to 4: GP FOR REVENUE Counsel for the Respondent No.1: GP FOR CIVIL SUPPLIES The Court made the following order:

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APHC010477392025

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI [3333]

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(Special Original Jurisdiction)

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FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 25393/2025

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Between;

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1.MOHAMMAD ARIF, S/0 M.NOOR AHAMMED LATE AGE.38 YEARS, OCC. UN-EMPLOYEE R/0 D.NO.5/384-1, MS NAGAR YEMMIGANUR VILLAGE AND MANDAL KURNOOL DIST.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DIST.

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2.THE COLLECTOR CS, KURNOOL DIST., AT KURNOOL. 3.THE REVENUE DIVISIONAL OFFICER, ADONI DIVISION, KURNOOL DIST.

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2.THE COLLECTOR CS, KURNOOL DIST., AT KURNOOL.

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4.THE TAHSILDAR, YEMMIGANUR MANDAL, KURNOOL DIST.

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...RESPONDENT(S):

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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 topleased to issue writ or direction preferably^writ of mandamus declaring the action of the 3 respondent in not appointing^{thepetitioneras} 'Fair Price Shop Dealer' on compassionate grounds in^{respectofFPShop} No.1381028 of M.S.Nagar, Yemmiganur Town and Mandal^{ofKurnoolDist.,} by considering the applications filed on 30-5-2024^{and5-9-2024pursuantto} the G.O.Ms.No.4 dt.28-2-2014, as illegal, arbitrary, and violative of principles of natural justice and consequently direct the respondents^toappointthe

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petitioner as FP Shop dealer for the subject shop on compassionate grounds, and pass

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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 Fligh Court may be pleased pleased to direct the respondents to consider and dispose of the applications filed by the petitioner dt:30-5-2024 and 5-9-2024 seeking^for compassionate appointment as FP Shop dealer in respect of Shop No.1381028 of M.S.Nagar, Yemmiganur Town & Mandal of Kurnool Dist., pending the disposal of writ petition in the interest of justice

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Counsel for the Petitioner:

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1.M M M SRINIVASA RAO

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR CIVIL SUPPLIES

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The Court made the following:

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VS,J W.P.NO.25393 OF2025

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ORDER:-

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This writ petition is filed under Article 226 of the^Constitution of India

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seeking the following relief:

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to issue writ or direction preferably writ of mandamus declaring the action of the 3'^ respondent in not appointing the petitioner as 'Fair Price Shop Dealer' on compassionate grounds in respect of^FP Shop No.1381028 of M.S.Nagar, Yemmiganur Town and Mandal^ofKurnool Dist., by considering the applications filed on 30-5-2024^and5-9-2024 pursuant to the G.O.Ms.No.4 dt. 28-2-2014, as illegal, arbitrary, and violative of principles of natural justice and consequently direct the respondents to appoint the petitioner as FP Shop dealer^forthe subject shop on compassionate grounds, and pass

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The case of the petitioner is that the father of the petitioner was a

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permanent fair price dealer for shop No.1381028 of M.S.Nagar, Yemmiganur

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Town and Mandal, Kurnool District and the authorization was valid upto 31.03.2025 but unfortunately the petitioner’s father was expired on 27.05.2024. 3. The petitioner, being a legal heir and also eligible^for appointment^asa fair price shop dealer on compassionate grounds, in^{termsofG.O.Ms.No.4} Consumer Affairs, Food and Civil Supplies (CS.l) Department, dated 28.02.2014. The petitioner has submitted his representation to the 4 th respondent/Tahsildar on 30.05.2024 and 05.09.2024 and the same is pending ^ for consideration. Hence, the present writ petition^isfiled.

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies.

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W.P.NO.25393 OF 2025 5. Learned Assistant Government Pleader for Civil Supplies took an objection that the petitioner ought to have submitted the representation to the respondent as he is the appellate authority but not to 4*'^ respondent. Thereafter, the learned counsel for the petitioner sought permission of this Court to permit him to submit a fresh representation to the 3'"^ respondent herein.

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In view of the same, without going into merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the petitioner to submit a fresh representation to the 3'^^ respondent within a period of one (01) week from the date of receipt of a copy of this order. On receipt of the same, the respondents shall consider the same for appointment under compassionate grounds in terms of G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dated 28.02.2014, within a period of eight (08) weeks, thereafter.

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