HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.3426 of 2009
Date: June 25, 2014
Between:
Syed Famida.
… Petitioner And
1. The District Collector, Kadapa District & 2 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.3426 of 2009
O R D E R:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for respondents 1 and 2.
2. The petitioner is a fair price shop dealer of shop No.11 situated at Rayachoty Town of Kadapa District and she was running the fair price shop without any complaint from any corner. The petitioner’s shop was allotted 668 White cards, 25 AAY cards, 143 Pink cards totalling 748. While so, the first respondent passed an order dated 19.01.2009 reducing the cards from 748 to 540 without issuing any notice and without giving any opportunity of hearing. As per G.O.Ms.No.35 the minimum cards in a town like Rayachoty should be 500 to 550.
3. The first respondent by proceedings dated 19.01.2009 sought to bifurcate 11 existing fair price shops in Rayachoty Town and Mandal for creating 10 more new shops and passed an order to that effect. Though there is a right of appeal to the petitioner against the said order, the petitioner did not avail the same and directly approached this Court.
4. This Court, by order dated 20.02.2009, granted interim stay and that stay has been in operation till today. However, in view of existence of alternative remedy of appeal, this writ petition is disposed of giving liberty to the petitioner to file an appeal to the competent authority within a period of 30 (thirty) days from the date of receipt of a copy of this order and the competent authority is directed to dispose of the appeal within a period of three months thereafter. The interim stay granted by this Court shall continue till the disposal of the appeal by the competent authority. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: June 25, 2014 BSB
62 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.3426 of 2009
Date: June 25, 2014
BSB