Telangana High Court
WP/23990/2004 of Meesala Venkataiah, Vs The Revenue Divisional Officer, on 27 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23990 of 2004 Between: Meesala Venkataiah, S/o Chittaiah, Fair Price Shop
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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 MR JUSTICE L.NARASIMHA REDDYWRIT PETITION NO : 23990 of 2004
Between:
Meesala Venkataiah, S/o Chittaiah, Fair Price Shop Dealer,
N. Annaram Village,Penpahad Mandal, Nalgonda District.
AND
..... PETITIONER
1 The Revenue Divisional Officer, Suryapet, Nalgonda District.
2 The Mandal Revenue Officer, Penpahad Mandal, Nalgonda 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 pleased toissue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the impugned Notification dt. 3-11-2004 bearing No. D/1562/04 issuedby the1st respondent as illegal, arbitrary, unconstitutional and against to theprinciples of natural justice, besides violative of Articles 19 and 21 of theConstitution of India and consequently set aside the same, and to grant such otherrelief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of thecase.
Counsel for the Petitioner: MR.PALLENAGESHWAR RAO
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 03-11-2004 issued by the firstrespondent inviting applications for appointment of a fair price shop dealer forN.Annaram village. Several grounds are urged on behalf of the petitioner.
Heard learned counsel for the petitioner and learned Government Pleader for CivilSupplies.
It is not in dispute that the petitioner was appointed as a temporary dealer. By itsvery nature, such an appointment is to hold good till a dealer is appointed on regularbasis. The impugned notification is issued for the purpose of selecting a dealer onregular basis. The petitioner does not have any right to continue as dealer inasmuchas his appointment was only on temporary basis.
Hence, the writ petition is disposed of leaving it open to the first respondent toproceed with the selections. It is, however, made clear that if there are no seriousallegations against the petitioner, he shall be continued as a temporary dealer till aregular dealer is selected. No order as to costs.
________________
27-12-2004
(B/o)
kdl
To
1 The Revenue Divisional Officer, Suryapet, Nalgonda District.
2 The Mandal Revenue Officer, Penpahad Mandal, Nalgonda District.
3 Two C.Cs. to the Government Pleader for Civil Supplies, High Court Buildings,A.P., Hyderabad, (OUT).A.P., Hyderabad, (OUT).
4 Two C.D. Copies.