High Court for State of TelanganaWP/5790/2014disposed of no costs

Smt. Keesari Latha v. The State Of Andhra Pradesh, Rep By Its Principal Secretary

2017-04-17Raja Elango3 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No:5790 OF 2014 ORDER:

1. This writ petition is filed by the petitioner seeking to declare the action of respondent No.2 in not transferring the authorization of the Fair Price Shop No.3 of Mirdoddi Village and Mandal of Medak District to the petitioner, as illegal and arbitrary, and consequently, to issue a direction to respondent No.2 to transfer the authorization of the Fair Price Shop No.3 of Mirdoddi village and Mandal of Medak District to the petitioner.

2. The case of the petitioner is as follows: The husband of the petitioner was a permanent fair price shop dealer of Shop No.3 of Mirdoddi village and Mandal of Medak District and he died on 12.7.2013. The authorization of the Fair Price Shop was valid upto 4.6.2014. The petitioner is eligible to get the authorization transferred in her favour. Therefore, she made applications to respondents Nos.1 and 2 requesting to transfer the authorization in her favour. But no orders have been passed so far on her applications. While so, the respondents are preparing to issue a fresh notification calling for applications in respect of the Fair Price Shop in question. Hence, the petitioner filed this writ petition.

3. Heard and perused the material available on record.

4. The learned Counsel for the petitioner submitted that the petitioner is entitled to get the authorization of the shop in question as per the proceedings No.CCS Ref.No.N5/10045/2005, dated 29.6.2005 and that the 2nd respondent has not passed any orders on the application made by the petitioner and therefore, the 2nd respondent may be directed to decide

the issue on the basis of the proceedings in CCS. Ref.No.N5/10045/2005, dated 29.6.2005.

5. From the material on record, it is evident that the petitioner made an application before the 2nd respondent on 2.8.2013 requesting to transfer authorization of Fair Price Shop in question in her name. But no orders have been passed so far. Considering the facts and circumstances of the case and the grievance of the petitioner, this Court is inclined to pass the following order:

"The 2nd respondent is directed to dispose of the application of the petitioner dated 2.8.2013 on the basis of the proceedings in CCS. Ref.No.N5/10045/2005, dated 29.6.2005, as expeditiously as possible. Till such time, the petitioner is permitted to run the Fair Price Shop in question."

6. With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. _________________ Justice Raja Elango Date: 17th April, 2017 Nn.

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No:5790 OF 2014 17.04.2017 Nn.