Telangana High Court
WP/28416/2008 of Rayana Nageswara Rao Vs The Commissioner Department of Civil Supplies on 29 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.28416 of 2008 Between: Rayana Nageswara Rao S/o.Gudaru R/o.Addankivari palem Village,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE SRI JUSTICE C.V.RAMULUWRIT PETITION No.28416 of 2008
Between:
Rayana Nageswara Rao S/o.GudaruR/o.Addankivari palem Village, Nagaram Mandal, Guntur District
..... PETITIONER
AND
1 The Commissioner, Department of Civil Supplies, Government of Andhra Pradesh, Hyderabad. Government of Andhra Pradesh, Hyderabad.
2 The Joint Collector, Guntur, Guntur District.
3 The Revenue Divisional Officer, Tenali, Guntur District
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtmay be pleased to issue a writ, order or direction more particularly onein the nature of writ of Mandamus to set aside the Notification issuedvide Rc.No.807/07/K dated 6.12.2008 by the 3rd respondent pendingdisposal of the Appeal filed by the petitioner vide No.AC:36/2008/S7 onthe file of the 2nd respondent.
Counsel for the Petitioner: MR.K.RAMAKOTESWARA RAO
Counsel for the Respondents: GP FOR CIVIL SUPPLIES
The Court made the following:
THE HONOURABLE SRI JUSTICE C.V. RAMULUWRIT PETITION No.28416 OF 2008
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ORDER:
This writ petition is filed questioning the notification dated06.12.2008 issued by the 3[rd] respondent - Revenue Divisional Officer,Tenali, Guntur District.
It appears, the authorization of the petitioner as fair price shopdealer of Addankivaripalem Village, Nagaram Mandal of Guntur District,was cancelled by the 3[rd] respondent- Revenue Divisional Officer,Tenali, Guntur District, vide proceedings dated 15.10.2008, for certainirregularities alleged to have been committed by him. It is the case ofthe petitioner that questioning the said proceedings dated 15.10.2008,he preferred an appeal before the 2[nd] respondent- Joint Collector,Guntur, and while the said appeal is pending, the impugned notificationdated 06.12.2008 was issued by the 3[rd] respondent to fill up the post ofdealer of the fair price shop in question on permanent basis. Questioning the same, the present writ petition is filed.
In the facts and circumstances of the case and since the appealpreferred by the petitioner challenging the cancellation of hisauthorization is pending before the appellate authority, I am of theopinion that no permanent arrangements shall be made in respect ofdealership of the fair price shop in question till the disposal of the saidappeal preferred by the petitioner.
In view of the above, the respondents are directed not to make anypermanent arrangements in respect of dealership of the fair price shop ofAddankivaripalem Village, Nagaram Mandal of Guntur District, till thedisposal of the appeal preferred by the petitioner before the 2[nd]respondent- Joint Collector, Guntur. Further, the 2[nd] respondent isdirected to dispose of the said appeal within a period of six weeks fromthe date of receipt of a copy of this order.
With the above directions, the writ petition is disposed of. No orderas to costs.
29[th] December, 2008IBL
__________________
JUSTICE C.V. RAMULU