Telangana High Court

WP/27003/2006 of Bolla jagadeeswari, Vs The Revenue Divisonal Officer, on 28 December 2006

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SRI JUSTICE C.V.RAMULU W.P.No.27003 of 2006 ORAL ORDER: This writ petition is filed seeking a Mandamus to direct the respondents to make selection for the fair price shop dealership of Moolipadu village in accordance with the notification bearing No.2520 of 2002 dated 15.6.2005 by

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ORAL ORDER:

W.P.No.27003 of 2006

This writ petition is filed seeking a Mandamus to direct therespondents to make selection for the fair price shop dealership ofMoolipadu village in accordance with the notification bearing No.2520of 2002 dated 15.6.2005 by setting aside the proceedings inRc.No.2520/02 dated 19.7.2005.

It seems, the impugned notification dated 15.6.2005 has beenissued by the first respondent for filling up the vacancy of fair price shopdealer of Moolipadu village. It appears, petitioner and third respndentapplied for the said vacancy along with others and the third respondentwas selected and appointed as fair price shop dealer of Moolipaduvillage. Aggrieved by the same, petitioner carried the matter before thesecond respondent-Joint Collector and the same is pending. However,the stay petition filed along with the appeal was rejected. Aggrieved bythe said rejection order, petitioner filed revision before the DistrictCollector, Srikakulam district and the said revision was dismissed. Hence the writ petition.

I am of the opinion that granting or rejecting stay is purely adiscretionary power. In this case, the petitioner has challenged theappointment of third respondent, therefore, the Joint Collector refused togrant stay during the pendency of appeal. Likewise, the DistrictCollector also rejected the revision filed against the interlocutoryapplication.

In view of the facts and circumstances of the case, I deem itappropriate to direct the second respondent-Joint Collector to dispose ofthe appeal purported to have been filed by the petitioner against theappointment of third respondent as fair price shop dealer of Moolipadu village, Mandasa mandal, Srikakulam district, within a period of fourweeks from the date of receipt of a copy of this order.

With the above direction, the writ petition is disposed of. Noorder as to costs.

Date: 28.12.2006

_____________C.V.RAMULU, J

DA

28.12.2006

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD

Date: 28[th] December, 2006

Between:

Bolla Jagadeeswari

And

.. Petitioner

The Revenue Divisional Officer,Tekkali, Srikakulam district & others.

.. Respondents

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