HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.28258 of 2014 Date : 15-12-2014 Between :
Kondapu Eswara Rao ..
Petitioner And The Government of Andhra Pradesh, Represented by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad and another ..
Respondents Counsel for petitioner : Mr. P.B. Anil Kumar for Mr. V.V.N. Narayana Rao Counsel for respondents : Assistant Government Pleader for Civil Supplies The Court made the following:
ORDER:
This Writ Petition is filed for the following substantive relief :
“ … to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in rejecting the case of the petitioner for appointment of Fair Price Shop Dealer under compassionate ground for Shop No.6 of Tetagunta Village, Tuni Mandal, East Godavari District through Endorsement in Dis.P.E/1100A/2014, dated 20.6.2014 as illegal, arbitrary and in violation of Article 14 of the Constitution of India and contrary to the guidelines in G.O.Ms.No.4, dated 28.2.2014 and set aside the same and consequently direct the 2nd respondent to appoint the petitioner as Fair Price Shop Dealer under Compassionate ground for Shop No.6 of Tetagunta Village, Tuni Mandal, East Godavari District”
In view of the counter-affidavit filed by the respondents wherein it is pleaded that the petitioner was aged about 42 years at the time of death of his father, Mr. P.B. Anil Kumar, learned counsel representing Mr. V.V.N. Narayana Rao, the learned counsel for the petitioner, requested for permission of the Court to withdraw the Writ Petition with liberty to his client to file a fresh Writ Petition challenging the age limit prescribed in para-6 of the Annexure to G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dated 19-2-2011.
The Writ Petition is accordingly dismissed as withdrawn with liberty to the petitioner in terms of the prayer made.
As a sequel to the dismissal of the Writ Petition, WPMP No.35381 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 15-12-2014 AM