ASSISTANT SUPPLY OFFICER, CIVIL SUPPLIES Vs. AZIZUNNISA BEGUM

JUDGEMENT

(1.) Heard Smt Nanda R Rao, learned Government Pleader for Civil Supplies appearing for the appellants and Sri A. Rajasekhar Reddy, learned counsel for the respondent.

(2.) This appeal is directed against the order in writ petition No. 2163 of 2002, dated 6-2-2002, allowing the writ petition filed by the respondent herein. The writ petition was filed to direct the respondents therein - appellants herein to transfer the kerosene licence No. B/89/ASOV/K.Oil/81 in the name of the petitioner or to grant fresh licence to the petitioner. The learned single Judge, following the judgment of a Division Bench of this Court in writ appeal No. 107 of 2001, dated 8-2-2000, allowed the writ petition at the stage of admission and directed the appellants herein to consider the representation, dated 4-11-2001, submitted by the respondent herein in the light of the said judgment of the Division Bench. The said order of the learned single Judge is under challenge in this appeal.

(3.) Smt Nanda R Rao submitted that the learned single Judge ought not to have directed the appellants herein to consider the representation of the respondent herein in the light of the judgment of the Division Bench of this Court in writ appeal No. 107 of 2001 wherein no reference nor discussion nor finding was made to the relevant memos and circulars of the Government in regard to issuance of licence to a kerosene dealer. Our attention was also drawn to the Government memo No. 1655/C.S.II/98-1, dated 15-6-1998, at the time of hearing which reads as under: