P.Khalandar Basha S/O Late Dastagiri Saheb v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.6101 OF 2016 O R D E R :

This Writ Petition is filed by the petitioner questioning the Notification dt.15.02.2016 issued by the 3rd respondent for appointment of a Permanent Fair Price Shop Dealer of Hampa Village, Maddikera Mandal, Kurnool District.

2. Petitioner was appointed as a temporary Fair Price Shop Dealer in 2004 for the Fair Price Shop in the said village, since the permanent Fair Price Shop Dealer was under suspension. Since then petitioner had been supplying essential commodities to cardholders and his temporary authorization was being renewed from time to time. Petitioner contends that in view of his continuance as a temporary Fair Price Shop Dealer from 2004, he is entitled to be appointed as a Permanent Fair Price Shop Dealer by regularizing his temporary authorization. Petitioner also claims to have given representation to the respondents for such regularization.

3. Counsel for petitioner is unable to show any provision entitling such temporary Fair Price Shop Dealers to be regularized as Permanent Fair Price Shop Dealers.

4. In the absence of any such right conferred on the petitioner under any provision of law, it is not open to the petitioner to stall the selection of a Permanent Fair Price Shop Dealer to the subject shop.

5. Therefore, I do not find any merit in this Writ Petition and it is accordingly dismissed. However, this will not preclude the petitioner from filing an application for appointment as a Permanent Fair Price Shop Dealer, pursuant to the impugned notification and if such an application is filed by the petitioner, the same shall be considered by the respondents in accordance with law. There shall be no order as to

costs.

6. Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

_____________________________ M.S.RAMACHANDRA RAO, J 25th February, 2016.

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