High Court for State of TelanganaWP/9186/2016disposed of no costs

Tekumatla Komuramma, v. The State Of Telangana,

2016-03-21Challa Kodanda Ram3 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.9186 of 2016 Between:

Tekumatla Komuramma PETITIONER AND

1. The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad, and others.

RESPONDENTS ORDER:

This Writ Petition is filed seeking a Writ of Mandamus directing

the respondents to consider the petitioner's application made on 25.08.2015 seeking her appointment or one of her two sons as fair price shop dealer as per and in terms of G.O.Ms.No.4, dated 28.02.2014, and, to declare non-consideration of her application by the respondents as illegal and arbitrary.

The case of the petitioner is that the husband of the petitioner was appointed as Fair Price Shop Dealer for Shop No.30 of Kumarpally area of Hanamkonda, Warangal District in the year 2005 and he died on 13.08.2015. Thereafter, no fair price shop dealer was appointed to the said shop on permanent basis. While the things stood thus, the petitioner submitted a representation to the respondents, on 25.08.2016 to consider her or either of her two sons for appointment as Fair Price Shop Dealer for the aforesaid shop. Further the petitioner submits that para 6 of G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS.1) Department, dated 28.02.2014 stipulates certain conditions for appointment of legal heirs of deceased Fair Price Shop Dealers. Clause 6.(i) & (iii) of the said G.O.

entitled the petitioner to be appointed as Fair Price Shop Dealer as her husband died on 13.08.2015. Within the parameters prescribed in Clause 6. (i) & (iii) of the said GO, the relief sought for by the petitioner is, to consider the representation dated 25.08.2016 submitted by her in terms of G.O.Ms.No.4, dated 28.2.2014.

The learned Government Pleader appearing for the respondents does not have any objection for issuance of such direction to the respondents to consider the application of the petitioner in terms of G.O.Ms.No.4, dated 28.2.2014.

In the circumstances, the Writ Petition is disposed of at the admission stage directing the respondent authorities to consider the representation submitted by the petitioner dated 25.08.2016 for appointment of her or either of her two sons as Fair Price Shop Dealer to the aforesaid fair price shop in terms of G.O.Ms.No.4, dated 28.2.2014 and dispose of the same within a period of eight weeks from

the date of receipt of a copy of this order.

Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs. ______________________________ JUSTICE CHALLA KODANDA RAM 21st March, 2016.