P. Laxmi v. The State Of Telangana And 3 Others

[3230 | HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OI-- DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT /- THE HON'BLE SMT JUSTICE LALITHA KAIINEGAAITI WRIT PETITION NO: 38351 OF 2022 Between:

P. Laxmi, Wo. Raji Reddy, Occ. Fair Price Shop dealer, Shop No. 2060007, R/o. Chintakunta Village, Kothapalli Mandal,Karimnagar District. AND 'i- "'PETITIoNER l. The State ofTelangana, represented by its Principal Secretary, The Consumer Affairs, Food and Civil Supplies, Secretariat Buildings, Hyderabad.

2. The District Collector (CS), Karimnagar District, Karimnagar. .'

3. The Revenue Divisional officer, Karimnagar Division, Karimnagar Proper and District.

4. The Tahsildar, Kothapalli Mandal, Kothapalli, Karimnagar District. RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ order declaring the proceedings No. G4l10/2021, dated 20/0712022 and its consequential creation of 3 additional Fair Price Shops in Chinthakunta Village only, in so far it relates to, for establishing new Fair Price Shops by dividing the existing Fair Price Shop No.

2060007 of the petitioner situated at Chinthakunta Village, Kothapalli Mandal, Karimnagar District is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 2l of the constitution of India and also contrary to the G.O. Rt. No. 55, dated 12/05/2015. Consequently set aside the same, thereby continue to supply the commodities to the petitioner fair price shop. -.-- IA NO: 1 OF 2022 Petition under Section l5l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the No. G4l10/2021, dated 2010712022 and its consequential creation of 3 additional Fair Price Shops in Chinthakunta Village by bilurcating the petitioners fair price shop No.

2060007 of Chinthakunta Village, Kothapalli Manda[, Karimnagar Disrrict.

interim order dated 27/10120222 in w.p No 38351 of 2022 and also dismiss the writ Petition.

Counsel for the Petitioner:

SRI. K VENUMADHAV GP FOR CI\'IL SUPPLIES (TG) Counsel for the Respondents:

The Court made the following:

--t-

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI W.P.No.38351 ol 2022

ORDER

This Writ Petition is with the following prayer; "to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ, order declaring the proceeding Nos.G4l10/2021, daled 20-07-2022 and its consequential creation of 3 additional Fair Price Shops in Chinthakunta Village only, in so far it relates to, for establishing new Fair Price Shops by dividing the existing Fair Price shop No,2060007 of the petitioner, situated at Chinthakunta Vitlage, Kothapalli Mandal, Karimnagar District, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14.19 and 2'l of the Constitution of lndia and also contrary to G.O.Rt.No.ss dated 12-05-2015 and consequently set aside the same, thereby continue to supply the commodities to the petitioner's fair price shop".

2.

Learned counsel for the petitioner Mr. K. Venumadhav submits that the petitioner was appointed as dealer of Fair Price Shop bearing No.2060007 of Chinthakunta Village, Kothapalli Mandal, Karimnagar District, since more than 10 years and since then, she is running the said shop. He submits that the total ration cards allotted to the petitioner's Fair Price Shop are 2229 Food Security Cards and 111 Andyodaya Food Security Cards consisting of total 2340 ration cards. He submits that the petitioner has been distributing the commodities without any complaint from anybody. He submits that as the Government is supplying rice under Public Distribution Scheme and has discontinued supplying the commodities like sugar, palmolien oil, wheat, kerosene etc., under the said scheme, the income has already been drastically reduced, as such she is getting income only by .-= "/

LK, J W.P.No.38351 of 2022 case, a slight variation of 75 cards is justified. Accordingly' this Court finds no reason to interfere with the proceedings impugned' 5.

Hence, the Writ Petition is dismissed. No order as to costs Ivliscellaneous petitions, if any pending in this writ petition shall stand closed.

SD/-N.SRIHARI ASSISTANT REGISTRAR //TRUE COPY// t,YSIICTION OFFICER T()'l. One CC to SRI. K VENUMADHAV Advocate tOPU-Cl i. i*" CCt t" GP FOR CIVIL SUPPLIES (TG) ,HigI Court for the State of Telangana. [OUT]

3. Two CD CoPies

HIGH COT RT LK, J DATED:22112/2022 6f- slArg '\ ( e

ORDER

WP.No.38351 of 2022 g 23 lril?r?3 a'

* i\\ )ESFATC\ ,.

;-=zr;i2/ WRIT PETITION IS DISMISSED WITHoUT COSTS