M.Sulochana, v. The Commissioner Of Civil Supplies,
The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.23898 of 2008 Dated 16.09.2015 Between:
M.Sulochana ... Petitioner and The Commissioner of Civil Supplies Govt. of Andhra Pradesh Hyderabad and 2 others
...Respondents
Counsel for the Petitioner: Ms.B.Manjulatha Vedavally Counsel for the respondents: GP for Civil Supplies The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside the notification in Rc.No.G/2902/2008, dated 30-09-2008, of respondent No.3, inviting applications for appointment of Fair Price Shop dealers for various shops including Neredupally II Town, which was carved out after its bifurcation. No counter-affidavit is filed by the
respondents.
In the affidavit, filed in support of the Writ Petition, the petitioner has averred that the impugned notification was issued following creation of a new shop after bifurcating the fair price shop in respect of which she is holding authorisation. Interestingly, the petitioner has not questioned the order of bifurcation.
Unless the petitioner has assailed the order of bifurcation, she cannot question the consequential action of issuing notification for filling up the vacancy.
In this view of the matter, the relief claimed by the petitioner for setting aside the impugned notification cannot be granted.
The Writ Petition is, accordingly, dismissed. As a sequel to dismissal of the Writ Petition, interim order, dated 03-11-2008, is vacated and WPMP.No.31142 of 2008, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) Dt: 16th September, 2015 LUR