Perished casualty of the High Court allowed the withdrawal of a writ petition seeking declaration regarding the exclusion of unmarried daughters in compassionate appointment guidelines.
None, as the writ petition was dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[32s6 |
HIGH COURT FOR THE STATE OF'TELANGANA AT HYDERABAD
(Spccial Original Jurisdiction)
FRIDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT
TI{E HON'BLE SRI JUSTICE C.V. BT{ASKAR REDDY WRIT PETITION NO: 263E6 OF 2022
Betrveen:
K. Mamatha, D/o K.Lalaiah, Occ: Uncmployee, R/o l-50, PeddaBeeravelli Village, Bonakal Mandal, Khamrnam Dist.
...PETITIONER
AND
...RESPONDENTS
Petition under Anicle ll6 o1' thc Constitution of India praying that in thc circumstances stato(l in the ailidavit {iled thcrcwith, the High Court may be pleased to issue a writ or ordcr/direction one in the naturc ol the writ of mandamus declaring thc action of the 4'l' respontlent in rejecting rhc claim of the petitioner for appointment as fair price shop dealer on cornpassionate appointrnont fbr fair price shop No. 07, Takkallapally (v), Chinthapally Mandal. Nalgonda District vide Sl. No C19712022 dated, 26-04-2022 by invoking the contlition that unmarried dauglrters alone are entitled for the compassionate appointment wherc tlrcrs are no sons and rvifc to the deceased dealer as enumerated in C.O.Ms No. 4 datcd 19-02-20 I I as carried on revised Guile lines in para 6 (ii) in the Appcndix to G.O.Ms No.,1, dated 28-02-2014 and para I1.2 in the Appendix to G.O.Ms No 20 dated 06-09-20llJ and thc irnposition of such condition by excluding the married dependent daughtcrs rvhile considering tbr thc appointment of Fair Price Dealer on compassionate appointmcnt in G.O.Ms No- 4 dated 19-02-2011, G.O.Ms No. 4, dated 2802-2014 and also in rcviscrl guidelines in G.O.Ms No 20 dated 06-09-2018 as illegal, arbitrary opposed to public policy and unconstitut ional, being denial ofthe Fair Price shop and equal opportunity ol'being considercd lbr compassionate appointment on par with other legal heirs ot' thc tleceased FPS tlealer in violation of Article 14 and 16 of constitution of lndia and consoquently sct aside the proceedings in vide Sl. No C19712022 daled 26-04-202.2 issuod by thc 4'r' respontlent duly declaring the exclusion of married dependent daughter liorn consitlering lbr cornpassionate appointment as FPS dealer as stipulated in C.O.Ms No.zl dated l9-02-201 l.(l.O.Ms No. 4, dated 28-02-2014 and also in rcvised guidelincs in C.O.Ms No l0 dated 0(r-09-2018 as illegal, arbitrary opposed to
public policy and un :onstitutional and direct the respondents to rpyroinl the petitioner as FPS dealer;
IA NO: I OF2022
Petition under Section l5l CPC praying that in thc circrrrnstances stated in the affidavit filed in support of the petition, the High Court may beplcased to consider the case of the petitioner for appointment on compassionate al)pointrn(:nt as fair price shop dealer by suspendin.l the operation of the impugnedproceedin5rs issued by the 4'h respondent vide Sl. N t C/97/2O22 dated 2610412022:
Counsel for the Petiti rncr :SRI. S YIPLAV SI]{HA REDDY Counsel for the Resp,rndent Nos. I & 2 : GP FOR ClVIl. StIPI'1,IES Counsel for the Resp,,ndent Nos. 3 to 5 :GP FOR REVE\UE The Court made the fo lorving:
a
THE HON'BLE SRI JUSTICE C.V.BHASI{AR REDDY
WRIT PETITION NO.26386 ol 2022
ORDER:
Learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition.
stand dismissed.
I
SD/-B.CIIANDRA PRAKASH ASSISTANT REGISTRAR
//TRTIE COPYII
SECTION OFFICER
To,
IIICII C]OIJR'I
CVBR,.I
DA'tE D:2010112023
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I
OITDER
WP.No.26386 of 202i
WRIT PIITITION IS DISMISSED AS WTTIIDRA\'N
K. Mamatha
The State of Telangana
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
