The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.30297 of 2014
Dated 10.10.2014
Between:
V.Ramesh Achari And The State. of A.P., Rep. by District Collector (C.S.) Kurnool District, Kurnool, and 3 others.
…Petitioner …Respondents Counsel for the petitioner: Mr.G.Venkat Reddy for Mr.K.Rathangapani 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 declare the inaction of respondent No.4 in implementing the proceeding in Rc.B.645/2014, dated 04-08-2014, issued by respondent No.3.
The petitioner’s father, who was the authorized dealer of fair price shop No.11 of Burandoddi Village, C.Belagal Mandal, Kurnool District, died on 25-09-2012, while functioning as such. The petitioner made an application to respondent No.3 for his appointment as fair price shop dealer on compassionate grounds in terms of GO.Ms.No.4 Consumer Affairs and Civil Supplies (CS1) Department, dated 28-01-2014. The said application was considered by respondent No.3 and the petitioner was appointed as the authorized dealer of the aforesaid fair price shop vide proceeding in Rc.B.645/14.
The grievance of the petitioner is that in spite of his repeated requests, respondent No.4 has not been supplying essential commodities for distribution.
Learned Assistant Government Pleader for Civil Supplies, on instructions, submitted that respondent No.4 is ready and willing to allow the petitioner to function as the fair price shop dealer and that as the petitioner has not approached him, he could not complete the required formalities.
Though this Court suspects some extraneous reasons for respondent No.4 not to honour the appointment order issued by respondent No.3, who is his superior officer, considering the fact that respondent No.4 has expressed his readiness and willingness to permit the petitioner to function as the fair price shop dealer in terms of the said appointment order, I refrain from making further probe into the conduct of respondent No.4.
The Writ Petition is, accordingly, allowed with the direction to respondent No.4 to forthwith permit the petitioner to assume charge as the authorized dealer of fair price shop No.11 of Burandoddi Village, C.Belagal Mandal, Kurnool District, and continue to function as such.
As a sequel, WPMP.No.37871 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 10th October, 2014 LUR