B Shyamsundar Reddy v. The Revenue Divisional Officer,

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.15187 OF 2012 ORDER:

This Writ Petition is filed for the following relief: "...pleased to issue writ or direction preferably writ of mandamus declaring the notification issued by the respondent no.1 vide file no.E/.3816/2012 dt.10-4-*2012 as illegal, arbitrary and violative of principles of natural justice and consequently set aside the said notification and further direct the respondent no.1 to consider the claim of the petitioner for appointment as fair price shop dealer on compassionate ground in respect of the shop no.255 KPHB colony, Kukatpally, R.R. District and pass such other or further orders as this Hon'ble Court deems fit and proper in the circumstances of the case."

2. The averments made in the affidavit would disclose that the mother of the petitioner was appointed as Fair Price Shop dealer of shop No.255, KPHB Colony, Kukatpally, R.R.District for a period of 20 years and she died on 25.10.2010. Thereafter, no fair price shop dealer was appointed on permanent basis. While the things stood thus, the petitioner made an application to the respondents on 16.04.2012 to consider her case for appointment as Fair Price Shop Dealer for the aforesaid shop. Further the petitioner submits that para 6 of G.O.Ms.No. 4, Consumer Affairs, Food and Civil Supplies (CS.1) Department, dated 28.02.2014 stipulates certain conditions for appointment of legal heirs of deceased Fair Price Shop Dealers. Clause 6(i) & (iii) of the said G.O. entitled the petitioner to be appointed as Fair Price Shop Dealer as the petitioner's mother died on 25.10.2010.

Within the parameters prescribed in Clause 6. (i) & (iii) of the said GO, the relief sought for by the petitioner is, to consider and dispose of

her application dated 16.04.2012 in terms of G.O.Ms.No. 4, dated 28.2.2014.

3. The learned Government Pleader appearing for the respondents does not have any objection for issuance of directions to the respondents to consider the application of the petitioner in terms of G.O.Ms.No.4, dated 28.2.2014.

4. In the circumstances, the Writ Petition is disposed of at the admission stage directing the respondents-authorities to consider the application of the petitioner dated 16.04.2012 for appointment as Fair Price Shop Dealer to the aforesaid fair price shop in terms of G.O.Ms.No.4, dated 28.2.2014 and dispose of the same within a period of eight weeks from the date of receipt of a copy of this order. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in the light of this final order. No order as to costs.

---------------------------------------------------- JUSTICE CHALLA KODANDA RAM July 21, 2016 LMV HONOURABLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No.15187 OF 2012 July 21, 2016 LMV