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High Court for State of TelanganaWP/10707/2016disposed of no costs

Vadde Urukundamma, v. The State Of Ap,

2016-04-01Challa Kodanda Ram3 pages

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 10707 of 2016 DATED 01ST APRIL, 2016 BETWEEN Vadde Urukundamma ....Petitioner And The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Civil Supplies, Secretariat, Hyderabad and ors.

....Respondents.

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 10707 of 2016.

ORDER:

This Writ Petition is filed seeking a Writ of Mandamus declaring the action of respondents in not considering the case of the petitioner for appointment as Fair Price Shop Dealer for Shop No. 1 of H.Khairawardi, Gonegandla Mandal, Kurnool District as illegal and arbitrary and contrary to guidelines issued in G.O.Ms.No.4, dated 28.02.2014, and, consequential direction to the respondents to appointment the petitioner as Fair Price Shop Dealer for the aforesaid fair price shop.

The averments made in the affidavit would disclose that the husband of the petitioner was appointed as Fair Price Shop

Dealer for Shop No. 1 of H.Khairawardi, Gonegandla Mandal, Kurnool District and he passed away on 21.12.2015.. While the things stood thus, the petitioner made an application to the third and fourth respondents on 11.01.2016 to consider her case for appointment as Fair Price Shop Dealer for the aforesaid shop. Further the petitioner submits that para 6 of G.O.Ms.No. 4, Consumer Affairs, Food and Civil Supplies (CS.1) Department, dated 28.02.2014 stipulates certain conditions for appointment of legal heirs of deceased as Fair Price Shop Dealer. Clause 6. (i) & (iii) of the said G.O. entitled the petitioner to be appointed as Fair Price Shop Dealer as the petitioner's husband died on 21.12.2015. Within the parameters prescribed in Clause 6. (i) & (iii) of the said GO, the relief sought for by the petitioner is, to consider and dispose of her application dated 11.01.2016 in terms of G.O.Ms.No. 4, dated 28.2.2014.

The learned Government Pleader appearing for the respondents does not have any objection for issuance of directions to the respondents to consider the application of the petitioner in terms of G.O.Ms.No.4, dated 28.2.2014. In the circumstances, the Writ Petition is disposed of at the admission stage directing the respondent authorities to consider the application of the petitioner dated 11.01.2016 for appointment as Fair Price Shop Dealer to the aforesaid fair price shop in terms of G.O.Ms.No.4, dated 28.2.2014 and dispose of the same within a period of eight weeks from the date of receipt of a copy of this order.

Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in the light of this final order.

No order as to costs.

----------------------------------------------- JUSTICE CHALLA KODANDA RAM DATED 1ST APRIL, 2016.

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