Gilaka Bhanu Karthik v. The District Collector, Guntur, Guntur District

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.9417 of 2009 Between:

Gilaka Bhanu Karthik PETITIONER AND

1. The District Collector, Guntur, Guntur District, and others. RESPONDENTS

ORDER:

This writ petition is filed challenging the action of the 1st respondent in dismissing the stay petition filed against the orders of the 2nd respondent.

The case of the petitioner is that against the orders of the 3rd respondent appointing the 5th respondent, who is a non residing person in the locality, as fair price shop dealer, the petitioner filed an appeal before the 2nd respondent, who initially granted stay, but ultimately confirmed the orders of the 3rd respondent. Aggrieved by the same, the petitioner filed a revision along with an application for stay before the 1st respondent. The grievance of the petitioner is that without considering the grounds urged in the revision, the 1st respondent simply rejected the stay petition and directed the 3rd respondent to submit the connected records before him. Aggrieved by the non-consideration of stay application pending the revision, the petitioner filed the present writ petition.

This Court ordered Rule Nisi on 01.05.2009. Respondents 1 to 4 were served with notice and the notice sent to the 5th respondent was returned un-served. On account of non-compliance of the conditional order dated 26.04.2003 passed by this Court, the writ petition against the 5th respondent stood dismissed on 4.07.2013.

In as much as the 5th respondent is a necessary party to the writ petition and the writ petition was already dismissed against the 5th respondent, this writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed. As a sequel, pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

_____________________ CHALLA KODANDA RAM, J.

11th February, 2016 Js.

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