A writ petition challenging the appointment of a Fair Price Shop Dealer was dismissed for lack of maintainability due to the availability of an alternative statutory appeal remedy. The petitioner failed to establish extraordinary grounds for interference.
The writ petition is dismissed with no order as to costs.
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THE HONOUABLE SRI JUSTICE C.V.RAMULU
WRIT PETITION No.3243 of 2006
Between: V.Venkateswara Rao. .. PETITIONER and The District Collector (Civil Supplies), Khammam and others.
RESPONDENTS
ORDER:
This writ petition is directed against the proceedings No.C2/102/06, dated 21-01-2006, passed by the 2nd respondent-Revenue Divisional Officer, Khammam, Khammam District, appointing the 3rd respondent after subjecting him to the regular selection process.
Learned counsel for the petitioner states that the 3rd respondent is not qualified for being appointed as a Fair Price Shop Dealer of Gangadevipadu village of Tallada Mandal for the reason that he does not belong to the Gram Panchayat, where the fair price shop is located. Further, no written test was conducted as notified in the Notification, dated 09-01-2006.
I am of the opinion that when an effective and an alternative remedy against the impugned proceedings by way of statutory appeal is available, this writ petition is not maintainable. Firstly, whether the 3rd respondent is a native of Nuthankal village, Tallada Mandal, or not can be examined by the appellate court. Further, no extraordinary grounds are made out for interference of this
court into the impugned proceedings. Therefore, the writ petition is devoid of merit and is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs.
However, this order will not preclude the petitioner from filing statutory appeal before the Joint Collector. On filing such appeal, the same shall be entertained without raising any objection.
___________ 12-10-2006
Prv
2 issues framed by the court
Whether a writ petition is maintainable when an effective statutory appeal remedy is available.
Whether the petitioner has demonstrated extraordinary grounds for judicial interference.
1 provisions across 1 enactments
V.Venkateswara Rao
The District Collector (Civil Supplies), Khammam
Revenue Divisional Officer, Khammam
3rd respondent
C.V. Ramulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
