HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.27266 of 2014 Date: 23-09-2014 Between:
Nagannagutta Self Help Group, represented by N. Vani, resident of N.G. Palem, Eguvagottiveedu Village, Galiveedu Mandal, YSR Kadapa District.
.. Petitioner AND The Government of Andhra Pradesh, represented by its Secretary, Civil Supplies Department, Secretariat Hyderabad and 3 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.27266 of 2014 ORDER:
This writ petition is filed for a mandamus declaring the action of the 3rd respondent in not allotting kerosene for distribution to the cardholders for the month of September, 2014 onwards in respect of Fair Price Shop No.1 of Eguvagottiveedu village, Galiveedu Mandal, YSR Kadapa District held by the petitioner without any notice or giving any opportunity as arbitrary and illegal and for a consequential direction to the respondents 2 and 3 to allot kerosene and other essential commodities.
2. The case of the petitioner is that one C. Mahaboob Nisar was temporarily allotted fair price Shop No.1 of Eguvagottiveedu village, Galiveedu Mandal, YSR Kadapa District and has been distributing essential commodities to the cardholders. While so, when there were allegations against her from cardholders that she is committing irregularities in distributing the essential commodities, her authorisation was terminated vide proceedings No.C/685/2014, dated 10-08-2014 of the 2nd respondent and as an alternate arrangement, the same was allotted to the petitioner vide proceedings No.C/685/2014, dated 28-08-2014 on temporary basis for distribution of essential commodities to the cardholders for a period of six months i.e. from September, 2014 to February, 2015 and the petitioner has been distributing essential commodities to the cardholders. While so, when the petitioner approached the 3rd respondent for release of kerosene for the month of September, 2014, the 3rd respondent refused to release the kerosene stating that the same will be supplied to Smt. C. Mahaboob Nisar, the earlier dealer. Aggrieved by the same, the present writ petition is filed.
3. Heard the learned counsel for the petitioner.
4. Learned Assistant Government Pleader for Civil Supplies produced a copy of written instructions wherein it is stated that the existing fair price shop dealer, who was terminated earlier by the Revenue Divisional Officer on the report of Enforcement Deputy Tahsildar, Lakkireddipalli, has approached this Court, and this Court granted interim stay in WPMP. No.30807 of 2014 in W.P.No.24595 of 2014 on 27-08-2014 and that the Revenue Divisional Officer, who is competent authority, has implemented the orders of this Court continuing the existing fair price shop dealer vide proceedings No.C/685/2014, dated 06-09-2014 and that the kerosene oil was allotted to the existing fair price shop dealer and the temporary appointment of the petitioner is automatically cancelled and therefore, the allotment of kerosene for the month of September, 2014 to the petitioner would not arise.
5. Having regard to the fact that the termination of the existing fair price shop dealer is stayed by this court in WPMP.No.30807 of 2014 in W.P.No.24595 of 2014 on 27-08-2014 and she is continuing by virtue thereof and since the allotment of the subject shop to the petitioner is a temporary arrangement and since it is stated that the kerosene was supplied to the existing fair price shop dealer, the writ petition is bereft of any merit and the same is liable to be dismissed.
Accordingly, the writ petition is dismissed. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 23-09-2014 Ksn