WP/24189/2004 of Shaik Karimulla, Vs The Joint Collector (Civil Supplies), 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 REDDYWRIT PETITION NO : 24189 of 2004

Between:

Shaik Karimulla, S/o.Late Jawahar Bi,R/o.Amaravathi, Guntur District.

AND

..... PETITIONER

1 The Joint Collector (Civil Supplies), Guntur, Guntur District.

2 The Revenue Divisional Officer, Guntur, Guntur District.

3 The Mandal Revenue Officer Ungutur, Amaravathi, Guntur District.

.....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 grant a direction/s, order/s, writ/s more so in the nature of writ of Mandamusdeclaring the action of the respondent herein in not allotting the Kerosenehawker license or transferring the same to the petitioner as illegal, arbitrary andunconstitutional and to dispose of the representation dated: 17-12-2004 andmay pass such other order or orders as this Hon'ble Court may deem fit andproper in the circumstances of the case, pending disposal of writ petition.

Counsel for the Petitioner:MR K.JOSEPH

Counsel for the Respondents No. 1 to 3: GP FOR CIVIL SUPPLIES

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

The mother of the petitioner was granted a Kerosene Hawker’s licence. She issaid to have died on 05.11.2004. The petitioner states that he made anapplication on 17.12.2004 to the respondents to grant the licence in his name,since the entire family was depending upon the income derived out of sellingthe kerosene.

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

A kerosene hawker’s licence was issued to the mother of the petitioner. Withher death, the licence comes to an end. The licence is not inheritable. Thepetitioner claims to have made an application on 17.12.2004 for grant of licencein the place of his mother. Though the petitioner almost claimed in the form of asuccession, the respondents can certainly consider the application of thepetitioner in accordance with the existing rules and norms for grant of licence,afresh.

Hence, the writ petition is disposed of directing the respondents to consider theapplication of the petitioner dated 17.12.2004 in accordance with the existingprovisions of law and pass appropriate orders within a period of eight weeksfrom the date of receipt of a copy of this order. No order as to costs.

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27.12.2004

ksld

To

1 The Joint Collector (Civil Supplies), Guntur, Guntur District.

2 The Revenue Divisional Officer, Guntur, Guntur District.

3 The Mandal Revenue Officer Ungutur, Amaravathi, Guntur District.

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

5 Two CD copies.