Gattupalli Chinna Babu Rao, S/O Late Luthar v. The Government Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.13233 of 2013 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for respondents 1 to 5.

2. The petitioner claims to be the fifth son of one G.Luthar, who was the fair price shop dealer of shop No.53 of Mulapalem Village, Bapatla Mandal, Guntur District. The authorisation of the said fair price shop dealer was valid upto 31.03.2010 and the dealer expired on 01.10.2009. The petitioner approached respondents 4 and 5 for appointing him in place of the deceased dealer. But, the fourth respondent issued a notification on 07.04.2011 calling for applications for filling up the vacancy. Finally, proceedings were issued on 01.11.2012 appointing the sixth respondent.

3. This Court, while admitting the writ petition on 29.04.2013, held that the appointment of the sixth respondent would be subject to the result of the writ petition. Though the sixth respondent was served, he did not appear.

4. The application of the petitioner was not considered due to the fluid situation prevailing at that time. Later on, the Government issued G.O.Ms.No.4 dated 28.02.2014.

The petitioner submitted a representation on 12.03.2014 to the Commissioner along with copies to the District Collector, but he has not submitted any representation to the fourth respondent.

5. In the circumstances, liberty is given to the petitioner to submit an application to the fourth respondent within one week from the date of receipt of a copy of this order. On receipt of such application, if the petitioner fulfils the conditions laid down in G.O.Ms.No.4 dated

28.02.2014, the fourth respondent shall consider the same and pass appropriate orders thereon, within a period of two months thereafter, by taking into consideration of the appointment of the sixth respondent.

6. Subject to the above observations, the Writ Petition is disposed of. No order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

______________________________ A.RAMALINGESWARA RAO, J Date: 02.09.2015 TJMR