C. Raghunatha Reddy, Anantapur Dist. v. The Rdo., Penugonda, Anantapur Dist., And ANR.
HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN WRIT PETITON No.17143 of 2011 ORDER:
The relief sought for in the Writ Petition is to declare the action of the Revenue Divisional Officer in issuing notification dated 01.06.2011 for selection of a Fair Price Shop dealer for Sunnampalli village in Anantapur District, and in conducting a written examination, as contrary to the guidelines issued in G.O.Ms. No.52 dated 18.12.2008. A consequential direction is sought to set aside the notification. While the Writ Petition was admitted, by order dated 27.08.2011, no interim order was passed.
In the counter-affidavit, filed by the Revenue Divisional Officer, it is stated that, in response to the notification, only three candidates had applied within the prescribed time on 13.06.2011; a written test was conducted on 22.06.2011 in which two candidates participated; after the test was conducted, both of them qualified and were called for interview; in the interview held on 18.07.2011, in the Sub-Collectors office, Penugonda, Sri N. Lakshmipathi Reddy had secured the highest marks in the written test as well as in the interview; on verification of his antecedents, the Tahsildar had reported that they were satisfactory; and he was selected and appointed as a Fair Price Shop dealer vide proceedings dated 31.08.2011.
It is evident, from the counter-affidavit, that Sri N. Lakshmipathi Reddy has been appointed as a Fair Price Shop dealer vide proceedings dated 31.08.2011, and has been running the Fair Price shop, ever since, for the past more than six years. I see no reason, at this belated stage, to now examine the validity of the notification issued, for
selection of Fair Price Shop dealers, on merits as Sri N. Lakshmipathi Reddy has not even been arrayed as a respondent in the Writ Petition. The Writ Petition fails and is, accordingly, dismissed. The miscellaneous petitions pending, if any, shall stand closed. No costs. _______________________________ RAMESH RANGANATHAN, ACJ Date: 09.03.2018 MRKR