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High Court for State of TelanganaWP/18287/2012allowed no costs

Nimmala Sivamma, v. The District Collector, Guntur District, Guntur.

2015-06-10C.V.Nagarjuna Reddy3 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.18287 of 2012 Dated 10.06.2015 Between:

Nimmala Sivamma ... Petitioner and The District Collector, Guntur District and 2 others

...Respondents

Counsel for the petitioner: Mr.G.Venkata Reddy Counsel for the respondents: GP for Civil Suppies (AP) The Court made the following:

Order:

This Writ Petition is filed for the following substantive relief: "to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the

impugned orders of the 3rd respondent in Rc.No.466/2007-CSDT, dt.21.07.2009, as confirmed by the 2nd respondent in appeal A.C.D.Dis.No.32/2009-S7, dt.22.04.2010 and confirming the same by the 1st respondent in Revision Case No.3/2010- S7, dt.02.04.2012 by cancelling the petitioner F.P.Shop Dealer Ship of Konanki Village of Piduguralla Mandal even though Petitioner has not committed any irregularity but only by yielding to the political pressures put forth by the local politicians who wants to induct their own person., as illegal, arbitrary, violative of Art.14, 19 and 21 of the Constitution of India and consequently, set aside the aforesaid impugned orders."

This case was heard more than once. After a detailed hearing, the case was adjourned on 05-06-2015 to enable the learned Government Pleader for Civil Supplies (AP) to get instructions as to whether the respondents intend to contest the Writ Petition having regard to the fact that the findings rendered by respondent No.3 in the impugned order are not based on any evidence. Today, at the hearing, the learned Government Pleader has submitted that after discussing with her, the respondents have instructed her to report that they do not intend to defend the impugned order.

In the light of the above submission of the learned Government Pleader, the impugned order of respondent No.3 in Rc.No.466/2007-CSDT, dated 21-07-2009, as confirmed by respondent Nos.2 and 1 vide Orders, dated 22-04-2010, and 0204-2012 respectively, is quashed. The Writ Petition is, accordingly, allowed.

As a sequel, interim order, dated 20-06-2012, is vacated and WPMP.No.23420 of 2012, filed by the petitioner for interim relief, is disposed of as infructuous.

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(C.V.Nagarjuna Reddy, J) Dt: 10th June, 2015 LUR