THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.39878 of 2014 Between:
Dated 29th December, 2014 Manjunadha Self Help Group And …Petitioner State of Andhra Pradesh, rep.by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri M.V.Pratap Reddy Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of respondent No.3 in not extending the petitioner’s temporary authorisation as illegal and arbitrary.
The petitioner, which is a self help group, was temporarily appointed as fair price shop dealer for a period of six months on 10.07.2014. As the period of appointment was expiring, the petitioner has made a representation to respondent Nos.3 and 4 to extend its authorisation till a permanent dealer is appointed. As neither the authorisation was extended nor the essential commodities for the month of December, 2014 were released, the petitioner filed this writ petition.
At the hearing, the learned Assistant Government Pleader for Civil Supplies (AP), on instructions, submitted that respondent No.4 has allotted the essential commodities to the petitioner for distribution for the month of December, 2014.
The petitioner has claimed that it has been functioning as temporary fair price shop dealer without any complaints whatsoever and that therefore, it is entitled to be continued till permanent appointment is made.
This Court has been taking a consistent view that it is not desirable to replace one temporary dealer with another temporary dealer in the absence of serious allegations of commissions or omissions by the existing temporary dealer. Therefore, respondent No.3 is directed to continue the petitioner as temporary fair price shop dealer by extending its authorisation till such time as the vacancy is not filled up on permanent basis.
Subject to the above direction, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.50007 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 29th December, 2014
VGB