Telangana High Court
Kappala Harish Goud vs The State Of Telangana on 26 March, 2026
Author: Surepalli Nanda
Bench: Surepalli Nanda
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD
THE HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.8100 of 2026
DATE: 26.03.2026
BETWEEN :
Kappala Harish Goud
... Petitioner
And
The State of Telangana,
Civil Supplies Department
Hyderabad & 5 others
.... Respondents
ORDER
Heard Sri P. Srinivas, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Civil Supplies appearing on behalf of Respondent Nos.1 to 6.
2. The petitioner approached this Court seeking the prayer as under:
2
SN,J W.P.No.8100 of 2026 "...to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in issuing the notification vide File No.B/845/2025 dated 12.03.2026 for appointment of Fair Price Shop Dealers in Suryapet Division, including Fair Price Shop No.20 situated at Thalla Khammam Pahad Village, Suryapet Mandal & District (Sl.No.7(3)), without considering the claim of the petitioner, who is the legal heir of the original dealer and who has been running the said shop after the demise of the previous dealer, as illegal, arbitrary, violative of the principles of natural justice and Articles 14, 19 and 21 of the Constitution of India, and consequently set aside the said notification in so far as it relates to the said Fair Price Shop and direct the respondents to consider the case of the petitioner for appointment as Fair Price Shop Dealer on compassionate grounds and pass such other order..."
3. The case of the petitioner, in brief, is that the petitioner is the son of Late Kappala Nagaiah, who was the authorized Fair Price Shop Dealer of Shop No.20 at Thalla Khammam Pahad, Suryapet. After Nagaiah's demise, the dealership was granted on compassionate grounds to his wife, Smt. Kappala Anjamma, who continued operations until her death on 06.02.2020. Thereafter, the petitioner, being the only surviving legal heir and having assisted in running the shop, had continued managing its affairs and submitted 3 SN,J W.P.No.8100 of 2026 representations seeking compassionate appointment. Earlier, petitioner's claim had been rejected, and the same was challenged by the petitioner in W.P. No.24892 of 2022, but without success. Subsequently, the Government issued G.O.Ms.No.14 of 2023 dated 16.06.2023, permitting consideration of legal heirs. Despite this and petitioner's representation dated 05.03.2025, the respondents issued notification dated 12.03.2026 for fresh appointment without considering petitioner's claim. Aggrieved by the same, the petitioner had approached this court by filing the present writ petition.
4. PERUSED THE RECORD.
(A) This Court vide its order dated 04.01.2024 passed in W.P.No. 24892 of 2022 filed by the petitioner on an earlier occasion, observed as under at paras 11 to 13:
11. In the instant case, the petitioner is involved in double murder case that too his step-mother and her daughter. Thus, in view of the Para No.11.7 of the G.O.Ms.No.20, Consumer Affairs, Food and Civil Supplies (CS-I CCS) Department, dated 06.09.2018, the petitioner is not eligible for the compassionate appointment and the 4 SN,J W.P.No.8100 of 2026 petitioner has no right to seek compassionate appointment under the social security scheme as he is not son of the deceased and moreover, the petitioner is the accused No.1 of murder of deceased dealer.
12. In view of the same, the respondent-authorities have rightly rejected the case of the petitioner for appointment of the petitioner on compassionate ground.
There is no illegality or irregularity to interfere with the orders passed by the respondent No.3, thus, this writ petition is liable to be dismissed.
13. In view of the above findings, the Writ Petition is dismissed as devoid of merits. However, there shall be no order as to costs.
DISCUSSION AND CONCLUSION :
5. The learned counsel appearing on behalf of the petitioner mainly contends that subsequent to the orders of this Court dated 04.01.2024 passed in W.P.No.24892 of 2022 against the petitioner herein the petitioner had been acquitted vide Judgment dated 23.01.2025 in Sessions Case No.53 of 2022 in P.R.C.No.36 of 2020 on the file of the Principal Sessions Judge, Suryapet, holding that the petitioner is not guilty of the offences punishable under Sections 120-B, 302 and 201 IPC. The learned counsel appearing on behalf of the petitioner further contends that, in view of the clear order of 5 SN,J W.P.No.8100 of 2026 acquittal dated 23.01.2025 passed in favour of the petitioner in Sessions Case No.53 of 2022 in P.R.C.No.36 of 2020 on the file of the Principal Sessions Judge, Suryapet, the petitioner is entitled for consideration of petitioner's case for appointment as a Fair Price Shop Dealer in Suryapet Division, including for Fair Price Shop No.20 situated at Thalla Khammam Pahad Village, Suryapet Mandal and District.
6. A bare perusal of the record indicates that the order dated 04.01.2024 passed in W.P.No.24892 of 2022 had attained its finality and the petitioner had not challenged the same as on date. In view of the fact as borne on record that the petitioner had been acquitted subsequent to the dismissal of W.P.No.24892 of 2022 dated 04.01.2024, vide Judgment dated 23.01.2025 in Sessions Case No.53 of 2022 in P.R.C.No.36 of 2020 on the file of Principal Sessions Judge, Suryapet, this Court opines that the respondents, should reconsider the request of the petitioner for appointment as a fair price shop dealer in Suryapet Division in accordance to law.
7. TAKING INTO CONSIDERATION:6
SN,J W.P.No.8100 of 2026
a) The aforesaid facts and circumstances of the case,
b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader appearing on behalf of the respondents, The Writ Petition is disposed of directing the Revenue Divisional Officer, Suryapet to consider the request of the petitioner for appointment as Fair Price Shop Dealer on compassionate grounds as requested by the petitioner vide petitioner's representation addressed to the 4th respondent and even acknowledged by the office of the 4th respondent on 05.03.2026 duly taking into consideration the Judgment dated 23.1.2025 in Sessions Case Number 53 of 2022 in P.R.C.No.36 of 2020 on the file of the Principal Sessions Judge, Suryapet acquitting the petitioner for the offences punishable under Sections 120-B, 302 and 201 IPC, and to further consider the specific request of the petitioner made thereunder to permit the petitioner to run the ration shop bearing No.40/8020 at Thalla 7 SN,J W.P.No.8100 of 2026 Khammam Pahad duly granting the ration shop dealership of the said shop to the petitioner herein, in accordance to law and pass appropriate orders, within a period of two (02) weeks from the date of receipt of a copy of the order and duly communicate the said decision to the petitioner. Till the above exercise is initiated and concluded by passing of appropriate orders on the representation of the petitioner by the 4th respondent, within the time period as stipulated as above, as per the specific directions as issued as above the respondents are directed not to proceed further in pursuance to the Notification dated 12.03.2026 vide File No.B/845/2025 for appointment of Fair Price Shop Dealer for Fair Price Shop No.20 situated at Thalla Khammam Pahad Village, Suryapet Mandal. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 26.03.2026 Yvkr