Smt. Sujatha v. Kum. M. Lakshmi

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No.558 of 2015 Dt:07.07.2015 Between:

Smt.Sujatha W/o.Kishore.

... Appellant And Kum.M.Lakshmi D/o.Krishnaiah and others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No.558 of 2015 PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) This writ appeal is against the order, dated 04.06.2015, passed in W.P.No.21459 of 2011, whereby petition filed by respondent No.1 has been allowed with direction to restore the authorisation of fair price shop of Gatlakhanapur Village to respondent No.1 and permit her to function as fair price shop dealer.

The concluding paragraph of the order is relevant, which reads thus:

"For the above mentioned reasons, the order of respondent No.1 cannot be sustained and the same is accordingly set aside. Respondent No.3 is directed to restore the authorization of Gatlakhanapur village to the petitioner and permit her to function as fair price shop dealer. If the petitioner is married in the interregnum and not living at the village concerned, a condition shall be imposed by respondent No.3 that resumption of her dealership is subject to shifting her residence permanently to the village where the fair price shop is situated." Mr.D.L.Pandu, learned counsel for the appellant, submitted that though respondent No.1 at the time of appointing her as a fair price shop dealer was not married, subsequently she got married. This fact has not been denied by learned counsel for respondent No.1.

Keeping that in view and having considered the observations made in the concluding paragraph as above, we do not find any reason to interfere with the impugned order.

Hence, the writ appeal is dismissed.

Consequently, miscellaneous petitions, if any, also stand disposed of.

_________________________ DILIP B. BHOSALE, ACJ ________________________ S.V. BHATT, J Dt:07.07.2015 kdl