Chandu Tirumala Rao v. The State Of A P

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.7865 OF 2018 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies (A.P.) appearing for the respondents.

2.

In the present writ petition, challenge is to the notification No.F/393/2018, dated 22.02.2018, issued by the Revenue Divisional Officer, Kandukuru, Prakasam District, respondent No.2 herein, inviting applications from eligible candidates from the Scheduled Caste (General) Category for their consideration for appointment as fair price shop dealer on permanent basis to shop No.10 (0813010), Darsi Town, Prakasam District. 3.

According to the petitioner, he studied up to 10th class and belongs to Open Category (O.C.). It is further stated that respondent No.2 appointed one Smt. Yadagiri Anuradha, Vijaya Radha Dwaraka Group, Darsi on temporary basis as a dealer for the said fair price shop. It is further stated that earlier, the said shop was allotted to O.C. category and now, respondent No.2 allotted the shop to S.C. category. According to the learned counsel, the said action on the part of respondent No.2 in allotting the subject shop to S.C. category is highly illegal and arbitrary and in view of the same, the petitioner herein, who belongs to O.C., loses his opportunity to apply to the dealership. It is further stated that the said change has been made only on the pressure of the ruling party leaders without verifying the roster.

4.

When the matter is taken up, letter bearing Rc.F/393/2018, dated 08.03.2018, addressed by the Revenue Divisional Officer, Kandukur to the office of the learned Government Pleader for Civil Supplies is placed on record. According to the contents of the said letter, respondent No.2 issued the impugned notification on 22.02.2018, allotting the subject fair price shop to S.C. (General) category as per the Revised Roster Register prepared on 16.02.2018 in terms of the judgment, dated 04.09.2015, of this Court in W.P.No.59 of 2015, duly arranging all the cadre strength in an alphabetical manner-Mandal wise with the aid of 100 point roster, in terms of Rule 22(2)(e) of A.P. State and Subordinate Service Rules, 1996. It is further stated in the said letter that as per the Roster Register prepared in terms of W.P.No.

59 of 2015, the subject fair price shop is placed against Roster Point No.41 (1st cycle), which is earmarked for S.C. It is further stated that the impugned notification is in line with the guidelines envisaged at para No.7 of G.O.Ms.No.4, CA, F & CS (CS.I) Dept., dt.19.02.2011, and in pursuance of the judgment, dated 04.09.2015, in W.P.No.59 of 2015, considering the total 765 fair price shops in entire Kandukur Revenue Division.

5.

A reading of the affidavit filed in support of the writ petition shows that except making bald allegations, no substantial material is placed on record by the petitioner herein. 6.

In view of the above said instructions furnished by the learned Government Pleader from the office of the Revenue Divisional Officer, this Court does not find any merit in the writ petition.

7.

Accordingly, the writ petition is dismissed. There shall be no order as to costs.

8.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date : 21.03.2018 AMD

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.7865 OF 2018 Date: 21.03.2018 AMD