Pamarthy Sambasiva Rao v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 29102 OF 2015 Date: 21-09-2015 Between:

Pamarthy Sambasiva Rao ... Petitioner And The State of Andhra Pradesh, rep.by its Ex-Officio Secretary to Government, Consumer Affairs, Food And Civil Supplies (CS-1) Department, Secretariat Hyderabad and two others.

... Respondents

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.29102 of 2015 O R D E R:

The petitioner is a fair price shop dealer of shop No.14 of Kottamupparu Village of Pedapadu Mandal, West Godavari District. The authorization of the petitioner is valid till 31-03-2016. While so, the 3rd respondent passed an order on 19-05-2015 appointing the fair-price shop dealer of shop No.12 as in-charge dealer of shop No.14. Challenging the same, the present writ petition is filed. A reading of the impugned order dated 19-05-2015 shows that on the basis of complaint received in the village meeting held under 'Neeru-chettu' programme, in anticipation of the orders from the 2nd respondent, the 3rd respondent passed the impugned order keeping the ration shop dealer of shop No.12 as in-charge dealer of shop No.14. Said action of the 3rd respondent is without jurisdiction and this Court is prima facie satisfied that the 3rd respondent exceeded his jurisdiction in passing the

said order without appropriate orders from the 2nd respondent.

In the circumstances, the impugned order dated 19-05-2015 is set aside and accordingly, the writ petition is allowed.

In consequence, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs.

__________________________ A.RAMALINGESWARA RAO, J.

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