Smt. Penumatsa Kanaka Durga, v. The Revenue Divisional Officer,

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.6087 of 2013 ORDER:

The petitioner prays for Mandamus declaring the action of respondents in not considering and appointing petitioner as Fair Price Shop Dealer of Shop No.14 of Tadepalli Village and Mandal, Guntur District, particularly in terms of the report dated 09-02-2013 of 2nd respondent as illegal, arbitrary and amounts to refusing to exercise the jurisdiction conferred on 1st respondent. Learned counsel for petitioner submits that the Government of Andhra Pradesh has issued G.O.Ms.No.4, dated 28-02-2014 facilitating consideration of cases of dependent of deceased fair price shop dealers and the respondents may be directed to consider the case of petitioner in terms of G.O.Ms.No.4, dated 28-02-2014.

Assistant Government Pleader, having regard to nature of writ prayer and also G.O.Ms.No.4, dated 28-02-2014 submits that the petitioner may be directed to apply in terms of G.O.Ms.No.4 and the respondents will consider and pass appropriate orders. Admittedly, the Government Order refers to cut off date as 2009. The petitioner has not only applied but a report was also submitted on 09-02-2013.

To avoid further delay in the matter, without giving further time to respondents to file counter affidavit, this Court is satisfied the writ petition can be disposed of by this order.

The petitioner is given liberty to communicate a copy of this order and re-submit the representation and also report dated 09-02-2013 to 1st respondent within two weeks from the date of receipt of a copy of this order, for consideration of her case in terms of G.O.Ms.No.4, dated 28-02-2016 and the 1st respondent is directed to pass orders in terms of G.O.Ms.No.4 within a further period of two months from the date of receipt of re-submission as directed by this Court.

The writ petition is disposed of accordingly. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ______________ S.V.BHATT, J Date:18-10-2016 Prv

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.6087 of 2013 Dated 18-10-2016 Prv