THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.38624 of 2014 Dated: 16.12.2014 Between:
T. Padma Kumari .. Petitioner and The State of Andhra Pradesh, Rep. by its Principal Secretry, Civil Supplies Department, Secretariat, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Mr. I. Koti 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 set aside proceedings in R.C.No.243/2014-CS dated 02.09.2014 of respondent No.3, whereby she has replaced the petitioner, the permanent dealer of fair price shop No.56 of Pedamakkena Village, Sattenapalli Mandal, Guntur District, with a temporary dealer, based on her own report.
At the hearing, the learned Assistant Government Pleader for Civil Supplies (A.P.) has fairly conceded that respondent No.3, not being appointing authority, has no power or authority to issue the impugned proceedings.
In view of the same, the impugned proceedings are quashed. Respondents 2 and 3 are directed to continue the petitioner as fair price shop dealer.
The writ petition is accordingly allowed. As a sequel to the allowing of the writ petition, W.P.M.P.No.48358 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 16th December, 2014 IBL