WP/41211/2014 of Adusumalli Kumar Vs The State of Andhra Pradesh, Represented by Secretary, on 31 December 2014

ORDER:

This writ petition is filed by the petitioner, who was kept in-charge of fair price shop No.1 of Jangalapalli Village, NuzendlaMandal, Guntur District, consequent upon respondent No.4, permanentdealer, expressing his inability to lift the essential commodities fromAugust, 2014 to December, 2014.

Respondent No.4 has approached respondent No.3 with anapplication to permit him to resume his duties as permanent fair priceshop dealer from the month of January, 2015. Accordingly, respondentNo.3 has issued the impugned proceedings, accepting the request ofrespondent No.4.

On a careful consideration of the facts of the case, I am of theopinion that respondent No.3 has not committed any illegality inpermitting respondent No.4 to resume his duties as fair price shopdealer. It is not a case where the authorisation of respondent No.4 wassuspended or cancelled, but there was a temporary break in thefunctioning of respondent No.4, evidently on account of his failure toproduce challans for the months of August, 2014 to December, 2014,due to which the petitioner was given charge of distribution of essentialcommodities on a temporary basis. Therefore, the action of respondentNo.3 in permitting respondent No.4 to resume his duties as apermanent fair price shop dealer is not, in any manner, in violation ofthe legal rights of the petitioner.

For the above-mentioned reasons, the writ petition is whollywithout any merit and the same is, accordingly, dismissed.

As a sequel to dismissal of the writ petition, W.P.M.P.No.51594of 2014, filed by the petitioner for interim relief, is disposed of asinfructuous.

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C.V. NAGARJUNA REDDY, J

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