HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.39025 of 2014 Date:19.12.2014 Between:
T.Seshappa, S/o Narsappa . Petitioner And:
The State of A.P., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri K.Sitaram 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 the respondents, in seeking to discontinue the petitioner as temporary fair price shop dealer for Shop No.27 of Thangaradona Village, Aspari Mandal, Kurnool District, as illegal and arbitrary.
I have heard Sri K.Sitaram, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh).
The petitioner averred that in the vacancy caused on account of removal of the regular fair price shop dealer, he was entrusted with the running of Fair Price Shop No.27 Thangaradona Village, Aspari Mandal, Kurnool District; that after being continued as temporary dealer from 2005 to 2010, he was made in-charge dealer for the said shop till 2013; and that again, under proceedings in RC.DSO/C.s5/Special 2013, dated 21.06.2013, issued by respondent No.2, he is being continued as temporary dealer. Apprehending that he may be discontinued, the petitioner has made representations to the respondents. Respondent No.3 called for a report from respondent No.4, vide his proceedings in R.C.M.965/2014, dated 24.11.2014.
The petitioner pleaded that respondent No.4 has made enquiries into his functioning and submitted his report, vide proceedings in RC.No.181/2014, dated 26.11.2014, wherein he has reported that the petitioner is being continued as the fair price shop dealer from 2005 onwards consequent on arising of vacancy due to cancellation of the authorization of Smt Naga Lakshmi, the permanent fair price shop dealer; and that the petitioner is distributing the commodities without any complaint. The petitioner further averred that on 08.12.2014, respondent No.2 has made an endorsement directing respondent No.3 to take action as deemed fit based on the report of respondent No.4. As respondent No.3 has not passed any order on the continuance or otherwise of the petitioner, he has filed the present Writ Petition.
The petitioner filed a copy of the proceeding in Rc.No.181/2014, dated 26.11.2014, of respondent No.4 which reads as under:
“I invite kind attention to the references cited, I submit that Sri T.Seshappa, S/o Narasappa resident of Thangaradona (V) of Aspari Mandal has represented the Joint Collector, Kurnool in Prajavani for appointment him as F.P. Shop dealer for Shop No.27 of Thangaradona Village of Aspari Mandal on temporary basis till the regular dealer is appointed. The MRI has enquired into the matter and submitted a report as detailed below.
I submit that Smt Naga Lakshmi was working as F.P. Shop Dealer for Shop No.27 of Thangaradona Village of Aspari Mandal on regular basis. Her dealership authorization was cancelled by the RDO, Adoni (R.D.O. Adoni RCM.1309/04, dated 16.03.2005) for the irregularities committed. Since then Sri T.Seshappa, S/o Narasappa is working as F.P. Shop dealer on temporary basis. The individual is resident of Thangaradona (V) and studied up to degree. He belongs to S.C. Caste (Madiga). No complaints are against the individual. He is distributing the ECs to the card holders regularly without any complaints. He is financially sound to lift the ECs. MRI has recommended for appointment of the applicant as F.P. Shop dealer on temporary basis for Shop No.27 of Thangaradona Village till the post is filled up on regular basis.
I submit that in the circumstances explained above, Sri T.Seshappa, S/o Narasappa may be appointed as F.P. Shop dealer for Shop No.27 of Thangaradona Village of Aspari Mandal on temporary basis till the regular dealer is appointed for the convenience of the card holders and smooth running of P.D.S.
The record of enquiry conducted by MRO, Aspari is herewith enclosed.”
From the above extracted report of respondent No.4, it is evident that not only that the petitioner, who belongs to Scheduled Caste (Madiga), is being continued as temporary fair price shop dealer from 2005, but also he is functioning as such without any complaints. Therefore, I do not find any reason whatsoever for not continuing the petitioner as temporary fair price shop dealer till the vacancy of the said fair price shop is filled up on permanent basis.
Further, this Court is unable to comprehend as to why respondent No.3 is not taking steps to fill up the vacancy of the said fair price shop on permanent basis. It is not desirable to continue temporary arrangements for years on end without filling up the vacancies on permanent basis.
In the light of the above discussion, the Writ Petition is disposed of in the following terms:
(1) Respondent No.3 shall take immediate steps to fill up the vacancy of fair price Shop No.27 of Thangaradona Village, Aspari Mandal, Kurnool District and complete the process within three months from the date of receipt of a copy of this order; and
(2) till the vacancy is filled up on permanent basis, the petitioner shall be continued as temporary dealer for the said shop.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.48915 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
19th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY