WP/24059/2004 of P.Parvathi Vs The Joint Collector on 27 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 24059 of 2004

Between:

P.Parvathi W/o.P.Gangadhara,Fair Price Shop Dealer, Eguvapalli Village, Garladinna (M), Anantapur Dist.

AND

..... PETITIONER

1 The Joint Collector Anantapur Dist., Ananthapur 2 The Revenue Divisional Officer, Ananthapur, Anantapur Dist.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto issue a writ or order or direction more particularly one in the nature of writ ofmandamus declaring the notification issued by the 2nd respondent in videproceedings No.Rc.No.D1/CS/842/98 dt 7-12-2004 by calling the applicationsform the eligible candidates for appointment of new Fair Price Shop dealer inthe Eguvapalli Village Garladinna Mandal Anantapur Dist without canceling myauthorization is illegal and arbitrary and also violation of principles of naturaljustice while my authorization is subsisting till 31-3-2005 and also in violation ofarticle 14,19 and 21 of the constitution of India and consequently set side thenotification issued by the 2nd respondent in vide proceedingsNo.Rc.No.D1/CS/842/98 dt 7-12-2004 as illegal and direct the respondentsherein to continue the petitioner as fair price shop dealer..

Counsel for the Petitioner: MRV.L.SURENDRA

Counsel for the Respondents 1 and 2: GP FOR CIVIL SUPPLIES

The Court at the stage of admission made the following ORDER:

The petitioner challenges the notification dated 07.12.2004 issued by thesecond respondent inviting applications for appointment of a fair price shopdealer for Eguvapalli village, Garladinna mandal, Anantapur district. Severalgrounds are urged on behalf of the petitioner.

Heard learned counsel for the petitioner and learned Government Pleader forCivil Supplies.

It is not in dispute that the petitioner was appointed as a temporary dealer. Byits very nature, such an appointment is to hold good till a dealer is appointed onregular basis. The impugned notification is issued for the purpose of selecting adealer on regular basis. The petitioner does not have any right to continue asdealer inasmuch as her appointment was only on temporary basis.

Hence, the writ petition is disposed of leaving it open to the second respondentto proceed with the selections. It is, however, made clear that if there are noserious allegations against the petitioner, she shall be continued as atemporary dealer till a regular dealer is appointed. No order as to costs.

________________

27-12-2004

Note: Issue C.C. in three days

(B/o)

ksld

To

1 The Joint Collector Anantapur, Ananthapur Dist.

2 The Revenue Divisional Officer, Ananthapur, Anantapur Disttrict.

3 Two CCs. to the G.P. for Civil Supplies, High Court of A,.P., Hyderabad (OUT)

4 Two CD copies.