Andhra Pradesh High Court - Amravati
Taddi Naga Lakshmi vs The State Of Andhra Pradesh, on 23 December, 2019
Author: M. Satyanarayana Murthy
Bench: M. Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION NO.39485 of 2017
ORDER:
This Petition is filed under Article 226 of the Constitution of India questioning the proceedings vide Rc.No.1238/2017/G, dated 09-11-2017 of the 3rd respondent, without following the rule of reservation and roaster, issued notification for appointment of fair price shop dealers on permanent basis, and declare the same as illegal, arbitrary, contrary to law and contrary to the orders passed by Hon'ble High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in W.P.No.30957 of 2012 and set aside the same, and consequently direct the respondents to appoint the petitioner as fair price shop dealer for the shop No.52 of Dasannapeta, Vizianagaram Town, on permanent basis.
The petitioner made several allegations against the 3rd respondent with reference to the earlier notification dated 09-11-2017 in Rc.No.1238/2017/G, wherein Dasannapeta fair price shop was reserved for PHC (General), similarly V.T.Agraharam was reserved for ST (Woman), but, whereas in the present notification impugned in this Writ Petition Dasannapeta is reserved for BC (General) and V.T. Agraharam is reserved for OC (General). Therefore, in the absence of any special roaster, the notification issued by the 3rd respondent on 19-05-2019 in Rc.No.852/2018/G, is illegal.
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But, the learned Government Pleader for Civil Supplies produced the roaster prepared as per the Orders of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in W.P.No.59 of 2015 and batch dated 04-08-2015 for perusal, which shows that the notification is in accordance with law.
The notification impugned in this Writ Petition is in accordance with roaster based on Revenue Division. However, the Court granted stay, no further proceedings have been taken up and the proceedings based on the earlier notification impugned in this Writ Petition dated 19-05-2017 may deprive the petitioner from applying for allotment of the shop. In view of the roaster prepared the impugned notification was issued, the respondents are directed to follow roaster prepared as per the Orders in W.P.No.59 of 2015 and batch dated 04-09-2015 and proceed further for selection of fair price shop dealers for allotment to the various shops.
With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, shall stand closed.
___________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 23-12-2019 IS 3 HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No.39485 of 2017 Date: 23-12-2019 IS