Dismissed

Smt. Dasari Bakkamma v. The State of Telangana

Telangana HC9 Nov 2018WP/40030/2018

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging inaction in appointing a petitioner as a fair price shop dealer. The court held that appointment must follow prescribed guidelines rather than nomination. The court directed authorities to notify a regular dealer for the village.

What did the court decide?

Directing the respondents to take steps to notify for appointment of a regular fair price shop dealer in the village.

Smt. Dasari Bakkamma Vs The State of Telangana — Landlord and Tenant | Telangana HC (2018)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.40030 OF 2018

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DATED :09.11.2018

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Between :

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Smt. Dasari Bakkamma W/o.Pullarao, 31 yrs, R/o.Kondapuram Village, Khammam Rural Mandal, Khammam District.

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.. Petitioner And

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The State of Telangana, Rep., by its Principal Secretary, Consumer Affairs & Civil Supplies Department, Secretariat Buildings, Hyderabad & others.

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.. Respondents

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This court made the following :

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.40030 OF 2018

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ORDER :

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Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies for respondents.

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Petitioner claims to be resident of Kondapuram Village. Fair Price shop No.07015 was sanctioned to the village. This fair price shop was earlier granted to Dandyala Krishnamurthy who expired on 24 .01.2010. After his death, the dealership is run by an in charge dealer. Petitioner submitted a representation on 19.02.2016 requesting the competent authority to appoint her as fair price shop dealer. On consideration of the representation, the Tahsildar, Khammam, recommended to Revenue Divisional Officer, Khammam to consider her request for appointment as dealer. Alleging inaction on the representation submitted by the petitioner, this writ petition is filed.

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Admittedly, petitioner is no way concerned with the dealership. Only on the ground that petitioner is a resident of the village and merely because there is no regular dealer, petitioner cannot ask for entrustment of dealership on nomination basis. The guidelines for selection and appointment etc., of fair price shop dealers under the Andhra Pradesh State Public Distribution System (Control) Order, 2008 prescribes detailed procedure for appointment of fair price shop dealers. Therefore, no direction can be issued to by-pass the procedure and to appoint the petitioner merely because a claim is made by

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her. There is no merit in the writ petition and the same is liable to be dismissed.

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Accordingly, the Writ Petition is dismissed. However since there is no regular fair price shop dealer in this village, since 2010, the respondents are directed to take steps to notify for appointment of regular dealer. Pending miscellaneous petitions shall stand closed.

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__________________ P.NAVEEN RAO,J

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9^th November, 2018 Rds

Smt. Dasari Bakkamma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Smt. Dasari Bakkamma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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