M. Chinna Brahmaiah, v. Revenaue Divisional Officer
Case brief
What is this about?
In Writ Petition No. 26603 of 2005, the court disposed of a challenge to the appointment of a fair price shop dealer. Finding that an alternative remedy was available under the Andhra Pradesh State Public Distribution System Control Order, 2001, the court granted leave and liberty to file an appeal.
What did the court decide?
Writ petition disposed of granting leave and liberty to the petitioner to work out the alternative remedy under the Andhra Pradesh State Public Distribution System Control Order, 2001, within four wee
What the court decided
THE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION NO: 26603 of 2005
Dated: 16-03-2006
Between: M.Chinna Brahmaiah ..... PETITIONER AND Revenue Divisional Officer, Kandukuru, Prakasam District and two others.
.....RESPONDENTS
THE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION NO : 26603 of 2005
O R D E R:
This writ petition is filed seeking a declaration that the notification dated 03-12-
2005 issued by the first respondent-Revenue Divisional Officer, Kandukuru, inviting applications for appointment of fair price shop dealer in respect of shop No.1 of Choutapalem village, Darisi Mandal, Prakasam District, is arbitrary and illegal.
It is not in dispute that during the pendency of this writ petition, selections were finalized and one K. Subba Reddy was appointed as a dealer in respect of the fair price shop in question, who is impleaded as second respondent to this writ petition. Since the second respondent has already been appointed, I am of the opinion that if the petitioner is aggrieved, he ought to have availed the alternative remedy of appeal provided under the Andhra Pradesh State Public Distribution System Control Order, 2001.
Issues for consideration
1 issue framed by the court
Whether the writ petition challenging the arbitrary appointment of a fair price shop dealer is maintainable when the petitioner has an alternative statutory remedy and the post is already filled.
Parties & counsel
- petitioner
M. Chinna Brahmaiah
- respondent
Revenue Divisional Officer, Kandukuru
- respondent
K. Subba Reddy
Coram
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · March
- Registered
- Case no.
- WP/26603/2005
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