Smt. Y. Sreedevi v. the District Collector and 2 Ots
Case brief
What is this about?
Drawing upon an existing interim order permitting the petitioner to continue distribution despite a pending renewal application and a lack of stay over a notification appointing a new dealer, the High Court held no further orders were necessary and closed the writ petition without fresh adjudication.
What did the court decide?
Writ petition closed. No order as to costs. Pending miscellaneous petitions closed.
What the court decided
HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.14468 of 2012
ORDER :
This writ petition is filed challenging the notification issued by the 2nd respondent dated 11.04.2012 proposing to appoint FP shop dealer for FP shop No.1, Chamaluru village, Kondapuram Mandal, Kadapa district, when the petitioner’s renewal application is pending before the 2nd respondent, as illegal and arbitrary’.
Case of the petitioner is that, she was appointed as fair price shop dealer in the year 2005 and the same is subsisting as on the date of filing of the writ petition in the year 2012; petitioner submitted representation dated 18.04.2012 to the 2nd respondent seeking renewal of the authorisation; during pendency of the said application, respondents issued notification calling for the application for appointment of subject shop. Hence, the writ petition.
When the writ petition came up for admission on 16.05.2012, this court passed the following interim order.
“As the application of the petitioner for renewal is pending, it would be appropriate to permit him to continue to act as fair price dealer. Accordingly, the petitioner is permitted to continue distribution through her fair price shop until the renewal application of the petitioner is decided. It is, however, made clear that this order does not prevent the concerned authority from disposing of the renewal application.”
As seen from the above interim order, petitioner was permitted to continue distribution till the renewal application is decided and there is no interim stay of the notification issued on 11.04.2012. No additional affidavit is filed with regard to disposal of the said renewal application pursuant to the interim order granted by this Court. As there is no stay of the notification, the respondents ought to have proceeded with the selection
Issues for consideration
1 issue framed by the court
Whether the writ petition challenging the notification appointed a new fair price shop dealer while the petitioner's renewal application was pending requires disposal in presence of an interim order n
Parties & counsel
- petitioner
Fair Price Shop Dealer
- respondent
Authorized Officer/Kadapa district public distribution authority
Coram
Kongara Vijaya Lakshmi
Case details
As recorded by the court registry
- Court
- Andhra Pradesh HC
- Decided on
- · February
- Registered
- Case no.
- WP/14468/2012
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