Andhra Pradesh High Court - Amravati
G. Venkata Narayana 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.18177 of 2018
ORDER:
This Petition is filed under Article 226 of the Constitution of India questioning the proceedings vide Rc.No.852/2018/G, dated 19-05-2018 issued by the 3rd respondent calling for the applications for appointment of fair price shop dealers in Vizianagaram Mandal, without following the rule of reservation, and declare the same as illegal, arbitrary and contrary to law, consequently direct the respondents to reserve one vacancy for Scheduled Tribe in Vizianagaram Mandal and appoint the petitioner as fair price shop dealer of Vizianagaram Mandal and 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.
But, the learned Government Pleader for Civil Supplies produced on record 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.
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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.18177 of 2018 Date: 23-12-2019 IS