Akula Sangaiah, v. The Revenue Divisional Officer

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12026 of 2012 24.06.2015 Between:

Akula Sangaiah and another

...Petitioners

And The Revenue Divisional Officer, Nizamabad and another

...Respondents

Counsel for the petitioners: Mr.S.Bhooma Goud Counsel for the respondents: Government Pleader for Civil Supplies (TS) The Court made the following:

ORDER:

This writ petition is filed for a mandamus to set aside notification, dated 11.04.2012 of respondent No.1, whereby he has invited applications for filling up of the vacancies caused on account of bifurcation of the fair price shops of which the petitioners are the dealers.

From the pleadings of the petitioners, it is evident that the impugned notification is issued only consequential upon bifurcation of the petitioners' fair price shops. Unless the petitioners question the bifurcation proceedings by initiating appropriate legal proceedings, they cannot succeed in questioning the consequential notification.

Be that as it may, the learned Government Pleader for Civil Supplies (TS), on instructions, submitted that though there is no stay of selection process, the respondents have not proceeded with filling up of the vacancies on permanent

basis. Therefore, the impugned notification has become redundant. The Writ Petition is accordingly dismissed as infructuous, however, with liberty to the petitioners to avail appropriate legal remedy in the event the respondents seek to implement the bifurcation order. As a sequel to dismissal of the writ petition, interim order, dated 24.04.2012 is vacated and W.P.M.P.No.15117 of 2012 filed by the petitioners for interim relief shall stand dismissed as infructuous.

__________________________ C.V.NAGARJUNA REDDY, J 24th June, 2015 GHN