Kappala Harish Goud vs The State Of Telangana
2026 Latest Caselaw 101 Tel

Citation : 2026 Latest Caselaw 101 Tel
Judgement Date : 26 March, 2026

[Cites 6, Cited by 0]

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:

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

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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

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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

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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:

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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

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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.