HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.3056 of 2010 DATED: 23.01.2014 Between:
S.Venkata Ramudu ... Petitioner And The Joint Collector, Anantapur Anantapur district & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.3056 of 2010 ORDER:
The petitioner is a permanent fair price shop dealer of Karutlapalli village, Kuderu Mandal, Anantapur district. He was appointed in the year 1995. In the year 2002, a complaint was lodged by the 3rd respondent alleging that the stock, which was allotted food for work programme, was misappropriated by him and Crime No.92 of 2002 under Section 409 of IPC was registered on the file of Kuderu PS. A case in C.C.No.460 of 2004 was tried before the Judicial Magistrate of I Class, Mobile Court, Anantapur and he was acquitted on 19.03.2008. Thereafter, he made an application on 30.04.2008 for restoration of his dealership, which was followed by another representation on 04.12.2009. When those representations were pending, a notification was issued by the 2nd respondent, inviting applications for appointment of permanent dealer on or before 30.01.2010. Challenging the said notification, he filed the present writ petition and this Court granted interim stay on 11.02.2010.
2. A counter-affidavit was filed by the respondents stating that pursuant to the notification, 18 applications were received within the stipulated time and the applications were sent to the Tahsildar on 10.02.2010 to furnish character and antecedents of the applicants. At that stage, interim orders of the Court were received and no representation of the petitioner was received. Further, the petitioner has not filed any appeal against the cancellation of his authorisation before the Joint Collector, Anantapur. Hence, the question of considering his representation does not arise.
3. Heard the learned counsel for the petitioner and the learned Government Pleader for the Civil Supplies.
4. Learned counsel for the petitioner filed two written representations along with this writ petition, drafted in Telugu. The learned Government Pleader states that they do not bear any stamp of having submitted them in the office. However, in view of the acquittal of the petitioner in the criminal case and he having been continued as a dealer for seven years i.e., from 1995 to 2002, the respondents are directed to consider the representations of the petitioner for restoration of the dealership and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The petitioner is permitted to file copies of the representations filed along with the writ petition before the authorities for consideration. In the meanwhile, the respondents may not take any steps against the petitioner pursuant to the notification issued and the status-quo shall continue.
5. With the above observation, the writ petition is disposed of. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J
Date: 23.01.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 4 WRIT PETITION No.3056 of 2010 Date: 23.01.2014 BSS