HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 15828 OF 2008 DATED 19th December, 2014.
BETWEEN Gundra Prakash ….Petitioner And The Mandal Revenue Officer, Penuganchiprolu Mandal, Krishna District and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 15828 OF 2008
ORDER:
Heard learned Counsel for the petitioner and learned Government Pleader for the respondents.
The petitioner was a Fair Price Shop dealer of Muchintala village of Penuganchiprolu Mandal in Krishna District. He was appointed on permanent basis on 05.07.1979 and his authorization was being renewed from time to time. As his daughter was suffering from illness, he applied for leave on 30.06.1997 and thereafter sought for extension of leave for six months from July, 1998. While so, the second respondent issued a show cause notice to the petitioner on 24.09.1998 for not lifting the stock for the month of July, 1997 and causing inconvenience to the cardholders. He submitted his explanation to the said show cause notice stating that his daughter was suffering from serious illness and hence obtained leave. However, no orders have been passed. The petitioner filed an appeal before the third respondent, who directed the second respondent to offer his remarks. The second respondent without submitting the record to the third respondent issued a notification for filling up of the vacancy of Fair Price Shop dealer for Muchintala village. Pursuant to the same, the petitioner submitted a representation to the third respondent stating that his appeal was pending. The third respondent called for remarks by letter dated 01.10.2004 from the second respondent. Meanwhile, challenging the action of the second respondent, the petitioner filed Writ Petition No.27954 of 2005, which was allowed by this Court by order dated 26.06.2006 and the petitioner was given liberty for filing application for renewal of his authorization. He obtained demand draft No.658294 dated 09.01.2006 for lifting the commodities. When the respondents did not release the essential commodities, he filed Contempt Case No. 1023 of 2006. The said Contempt Case was closed when the respondents submitted that the authorization of the petitioner was not continued from the year 1996. The second respondent dismissed the application of the petitioner for renewal of authorization. Aggrieved by the same, the petitioner filed Writ petition No. 3654 of 2007 and the same was disposed of by this Court directing the third respondent to dispose of the appeal preferred by the petitioner. Pursuant to the same, the third respondent dismissed the appeal by order dated 21.05.2007. Challenging the same, the petitioner filed Writ Petition No. 12888 of 2007 and the same was dismissed by order dated 23.10.2007. When the second respondent issued the impugned notification for appointment of the Fair Price Shop dealer, the present Writ Petition was filed.
After dismissal of Writ petition No.12888 of 2007, the petitioner filed Writ Petition No.11674 of 2008 against the order of the District Collector, dated 24.04.2008. The said Writ Petition also ended in dismissal on 10.06.2008. Pursuant to the notification dated 03.07.2008, interviewes were held on 28.07.2008 and one Sri G.Vaddikasulu was selected as Fair Price Shop dealer for the resultant vacancy. This Court while admitting the Writ petition did not grant stay of selection process pursuant to the impugned notification, as a result of which, said G.Vaddikasulu was appointed as a Fair Price Shop dealer in the vacancy caused by the petitioner. In view of the dismissal of the earlier Writ petition and in the absence of any interim order in favour of the petitioner, no cause of action survives in the present matter.
In the result, the Writ Petition is dismissed. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 19th December, 2014. Msnrx