Vusalla Madhu Gopal v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.9864 of 2018 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies.

The alleged inaction on the part of the Revenue Divisional Officer-fourth respondent herein, pursuant to the proceedings of the Tahsildar, Banaganapalle-fifth respondent herein vide Rcc.1222/2016, dated 23.12.2016, is under challenge in the present Writ Petition.

According to the petitioner he is a resident of Tangutur village, Banaganapalle mandal, Kurnool District and he studied upto Intermediate and his father used to run Fair Price shop No.45, Tangutur village, Banaganapalle Mandal, Kurnool District since 2004 and he ran the said shop without any interruption till he died on 11.12.2016. It is further submitted that, after the death of his father, the petitioner herein, along with his family members, made a representation on 22.12.2016 to the respondent Nos.4 and 5 with a request to consider the case of the petitioner herein for appointment as Fair Price shop dealer for the said shop in the place of his father. It is further stated that the fifth respondent, after getting the matter enquired into, vide proceedings in Rc.c.1222/2016, dated

AVSS,J W.P.No.9864 of 2018 23.12.2016, recommended the case of the petitioner. In the above background, the grievance of the petitioner herein is that, despite the above recommendation made by the fifth respondent, the fourth respondent herein is not taking any action. The information available before this Court reveals that the Tahsildar, Banaganapalle-fifth respondent herein, pursuant to the enquiry undertaken in the village by the Revenue Divisional Officer-fourth respondent herein, submitted a report to the fourth respondent vide proceedings in Rcc.1222/2016, dated 23.12.2016. By way of the said proceedings the fifth respondent recommended the case of the petitioner herein for appointment as Fair Price shop dealer on compassionate ground in terms of the orders of the State Government issued vide G.O.Ms.No.4, dated 28.02.2014. This Court does not find any valid reason for keeping the issue pending, despite the said recommendation.

Having heard the learned counsel for the petitioner and the learned Government Pleader, this Writ Petition is disposed of, directing the Revenue Divisional Officer-fourth respondent herein to pass appropriate orders, pursuant to the recommendation made by the Tahsildar, Banaganapalle Mandal-fifth respondent herein vide proceedings in Rcc.1222/2016, dated 23.12.2016, as per law, within a period

AVSS,J W.P.No.9864 of 2018 of three weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions in this Writ Petition, if any, shall stand closed.

__________________ A.V.SESHA SAI,J 03rd April, 2018 Tsy