Saka Suresh, v. The Government Of A.P.

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.23165 of 2014 ORDER:

One Saka Suresh is the petitioner in the instant writ petition. The petitioner prays for Mandamus declaring inaction of respondents in not allotting dealership for fair price shop No.13 of Pithapuram in Kakinada Division, East Godavari District, though his name figures in the selection list as illegal, arbitrary and unconstitutional. On receipt of notice, the respondents filed common counter affidavit in W.P.Nos.23165 of 2014 and 23244 of 2014 etc. After perusing the counter affidavit, this Court is of the view that prayer of petitioner cannot and could not be considered having regard to the fact that the respondents have cancelled the process of selection undertaken in Kakinada Division. When the selection process for appointment of Fair Price Shop dealers in the entire division is cancelled, the consideration of so-called grievance of petitioner for not allotting him Fair Price Shop No.13 by reference to earlier notification does not arise.

The writ petition is without merit and hence liable to be dismissed.

It is needless to observe that by taking note of subsequent cancellation of notification, the writ petition is dismissed. If the petitioner is so advised, the petitioner is given liberty to challenge the action of respondents in cancelling the selection process initiated in Kakinada Division particularly for Shop No.13. With the above observation, the writ petition is dismissed. There shall be no order as to costs.

As a sequel, the miscellaneous applications, if any pending, shall stand closed.

_____________ S. V. BHATT, J Dt: 25-04-2016 Prv THE HON'BLE SRI JUSTICE S.V.BHATT

WRIT PETITION No.23165 of 2014 25-04-2016 Prv