HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.2255 of 2008 DATE: 26.06.2014 Between:
Vakacharla Satya Nageswara Rao ... Petitioner And Government of Andhra Pradesh Consumer Affairs Food & Civil Supplies (CS-1) Department, rep. by Ex-Officio Secretary to Government & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.2255 of 2008 ORDER:
Heard the learned counsel for the petitioner. None appears for the respondents.
2. The petitioner is a fair price shop dealer OF shop No.10 of Gokavaram village & Mandal, East Godavari district. He was appointed as dealer in the year 1983 and there were no complaints against him so far. While so, the Mandal Revenue Officer, Gokavaram, East Godavari District, issued proceedings dated 12.02.1996 proposing to bifurcate the petitioner’s fair price shop into Shop No.10 and 10-A and called for objections. The petitioner submitted his objections and ignoring those objections, the Revenue Divisional Officer, Rajahmundry issued notification dated 12.02.1996 inviting applications from the unemployed women candidates for the purpose of filling of fair price shop dealers in respect of Shop No.10-A of Gokavaram village & Mandal. Challenging the same, the petitioner filed WP No.3181 of 1996 and it was disposed of on 08.04.2002 directing the petitioner to file an appeal before the competent authority pursuant to G.O.Ms.No.25 dated 18.03.1998. Accordingly, the petitioner preferred an appeal before the 2nd respondent and a stay was granted in the said appeal on 27.06.2002. The 2nd respondent by order dated 24.06.2003 dismissed the appeal filed by the petitioner. Challenging the same, the petitioner filed a revision before the 1st respondent and the said revision is still pending. This writ petition was filed challenging G.O.Ms.No.35 dated 17.09.2007 fixing the guidelines for the purpose of rationalisation of the fair price shop and the consequential proceedings dated 19.01.2008 issued by the Tahsildar, Gokavaram Mandal-the 5th respondent herein.
3. The respondents filed counter-affidavit stating that the Collector (CS) has not issued any notification so far in respect of the bifurcated shop and unless and until, the notification is issued, the bifurcation of the fair price shop will not take place. However, they stated that bifurcation is proposed in the interest of ration card holders and as per the norms prescribed in G.O.Ms.No.35 dated 17.09.2007. All the four fair price shops existing in the Gokavaram village are having more than the minimum specified cards in the Government Order and the transfer of cards to other fair price shops does not arise. Ultimately, the respondents states that they would take action only after receipt of the final order in the pending appeal with the Government.
4. Now the learned counsel for the petitioner states that the revision of the petitioner is still pending and no final orders have been passed in the said revision petition.
5. In view of the averments made by the respondents that they will not take any action till the revision is disposed of by the 1st respondent, no further orders need be passed in the present writ petition.
6. The writ petition is accordingly closed, recording the averments made by the respondents in their counter-affidavit. The petitioner is given liberty to challenge the order of the 1st respondent, if it goes against him. Pending miscellaneous petitions in this writ petition, if any, shall stand closed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 26.06.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 7 WRIT PETITION No.2255 of 2008 Date: 26.06.2014 BSS