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High Court for State of TelanganaWP/21020/2016dismissed no costs

P. Ramadevi, v. The State Of A. P., Rep. By Its Principal Secretary,

2016-06-30Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 21020 of 2016 ORDER:

Notifications dated 21.06.2016 issued by the 4th respondent Revenue Divisional Officer, Madanapalle which sought to fill the vacancies of the fair price shop dealers for shop Nos. 52, 53 & 58, Gollapalle Urban, Madanapalle Urban Division, Chittoor District with the candidates belonging to Scheduled Castes (Women), on permanent basis, without bifurcation of the original shop No.8, is questioned in the present Writ Petition, on the ground that it is contrary to the spirit and content of the proceedings dated 30.10.2015 of the Commissioner of Civil Supplies, Andhra Pradesh, which directed the Collector not to bifurcate any fair price shops in the district until further orders.

The claim of the petitioner is that she was appointed as a fair price shop dealer in respect of shop No.8 and her authorization has been renewed from time to time which is valid up to 31.03.2017. The 3rd respondent, without following the uniform procedure, issued proceedings dated 17.03.2015. Questioning the same, the petitioner filed Writ Petition No. 22219 of 2015 and the same is pending. While the matter stood thus, the 4th respondent issued the notifications dated 21.06.2016 to fill-up the vacancies of the fair price shop dealers for shop Nos. 52, 53 & 58, on permanent basis, without bifurcation of original shop No. 8. The petitioner here presses into service the proceedings dated 30.10.2015 of the 2nd respondent directing all the Collectors not to bifurcate the existing fair price shops.

According to the learned counsel for the petitioner, in view of the proceedings of the 2nd respondent dated 30.10.2015, the 4th respondent ought not to have bifurcated the existing shop, as the shop run by the petitioner is within one k.m. radius from the residences of the card-holders allotted to her shop.

price shop dealers for the subject shops, on permanent basis, is not at all justifiable.

Heard learned Government Pleader for Civil Supplies (Andhra Pradesh).

Evidently, the impugned notifications called for the applications to fill the vacancy of the fair price shop dealers for shop Nos. 52, 53 and 58, which came into existence on account of division of the existing shop No.8 being run and managed by the petitioner herein. It is as a result of the policy decision taken by the government so as to convenient the card-holders to receive the commodities every month. Hence, the impugned notifications cannot be found fault with. However, since the authorization of the petitioner was not cancelled, till such time new appointments are made pursuant to the notifications issued, the petitioner shall be continued as the fair price shop dealer. With this, the Writ Petition stands disposed of. No costs. Consequently, the Miscellaneous Applications, if any shall also stand disposed of.

_____________________________ CHALLA KODANDA RAM, J.

30th June 2016 ksld