Telangana High Court
WP/26870/2007 of Smt. P. Syamala, Vs The Revenue Divisional Officer, on 24 December 2007
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTYFOURTH DAY OF DECEMBER TWO THOUSAND AND SEVEN P R E S E N T THE HON’BLE SRI JUSTICE P.S. NARAYANA * * * WRIT PETITION No.26870 of 2007 Between: P.Syameela … Petitioner Versus The
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Conclusion
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
MONDAY, THE TWENTYFOURTH DAY OF DECEMBERTWO THOUSAND AND SEVENP R E S E N TTHE HON’BLE SRI JUSTICE P.S. NARAYANA* * *
WRIT PETITION No.26870 of 2007
Between:P.Syameela … Petitioner Versus
The Revenue Divisional Officer,Guntur, Guntur district & Anr. … Respondents Counsel for the Petitioner: Sri RAJA REDDY KONETI
Counsel for the Respondents: GOVT.PLEADER FOR CIVILSUPPLIES
THE HON’BLE SRI JUSTICE P.S. NARAYANA
* * *
WRIT PETITION No.26870 of 2007
O R D E R :
On 17-12-2007 the learned Govt.Pleader for Civil Supplies hadtaken notice and requested time to get instructions.
The written instructions are placed before this Court.
2. The writ petition is filed for a writ of mandamus, declaring theaction of the respondents in proceeding to issue authorization to afresh candidate by process of selection as Fair Price Shop dealershipof Anumarlapudi village, Pedakakani Mandal, Guntur district on theground of the petitioner’s refusal/resignation as dealer to the said fairprice shop as illegal and arbitrary and consequently to direct therespondents to restore the petitioner’s authorization to the said fairprice shop and to pass such other suitable orders as this Court maydeems fit and proper in the circumstances of the case.
3. Several facts had been narrated in the affidavit filed in supportof the writ petition.
4. It is stated that on 04-10-2007 the petitioner was summoned tothe office of the first respondent and when the petitioner went there,the petitioner was asked to hand over all the books, accounts etc.When the petitioner asked for reasons, the petitioner was told that the petitioner had resigned-refused to run the shop promising tohandover all the record within one month. The petitioner wassurprised to hear the same. Then on 05-10-2007 the petitioner gave awritten representation to the Joint Collector, Guntur marking copies tothe respondents. In fact the first respondent verified the signature ofthe petitioner and satisfied that the petitioner had not made anyendorsement refusing to run the shop.
5. Several other facts had been narrated in the affidavit filed insupport of the writ petition.
6. In the instructions placed before this Court, it is stated that :
“ with reference to fax message received from theGovt.Pleader, Civil Supplies, High Court of AndhraPradesh, Hyderabad, I am to inform that basing on thereport received from the Mandal Revenue Officer,Pedakakani vide Rc.No.40/05-A, dated 22-02-2005,the authorization of Smt.P.Syamala, Fair Price ShopDealer of Anumarlapudi village, Pedakakani Mandal,Guntur division and district was kept under suspensionvide Proceedings of the Revenue Divisional Officer,Guntur in Rc.No.751/05-B, dated 15-3-2008 for non-lifting of essential commodities allotted to her FP Shopfor the last four months, and causing muchinconvenience to the cardholders. A show causenotice was also issued to her calling explanation fromher. The suspension orders and the show cause noticewere served on the petitioner on 06-4-2005 and thepetitioner has submitted her explanation. On therecommendation of the Mandal Revenue Officer,Pedakakani Smt.A.Venkataramana was appointed asTemporary Fair Price Shop Dealer vide RevenueDivisional Officer, Guntur, Proceedings RC.No.751/05-B dated 07-5-2005 to avoid the inconvenience to thecard holders. The explanation was referred to theMandal Revenue Officer, Pedakakani for her remark.Basing on the report of Mandal Revenue Officer,Pedakakani vide Rc.No.26/06-A dated 29-6-2006, theauthorization of the petitioner was cancelled vide RDO,Guntur, Proceedings Rc.No.26/06-A dated 29-6-2006,
the authorisation of the petitioner was cancelled videRDO Guntur Proceedings Rc.No.751/05-B, dated 24-8-2007 with an opportunity for filing appeal before theJoint Collector, Guntur within 30 days from the date ofreceipt of the order. The order of the cancellation ofauthorization was served on the petitioner on 01-09-2007 through the Civil Supplies Deputy Tahsildazr,Peddakakani. She has not filed any appeal before thecompetent authority. Hence, the vacancy was notifiedas OC vide Revenue Divisional Officer, GunturRc.No.751/05-B dated 29-11-2007 by fixing the lastdate for receipt of application as 15-12-07. Thepetitioner has filed this present WP.No.26780/-7against the notification”.
7. In the light of the facts and circumstances, the writ petition isdisposed of at the stage of admission directing the first respondent tocomplete the enquiry by giving due opportunity of the petitioner,within a period of six weeks from the date of receipt of a copy of thisorder and till then no permanent appointment to be made.
8. The writ petition is disposed of at the stage of admission. Nocosts.costs.
JUSTICE P . S .
NARAYANA .
24/12/2007.NB:Furnish CC of the OrderTomorrow.B/0 ISL.