VASUPALLE APPANNA Vs. THE TAHSILDAR, RANASTHALAM MANDAL

JUDGEMENT

(1.) This Writ Petition is filed for a Mandamus to set aside order, in proceedings, vide D.Dis.No.460/2008 -S2, dated 24.10.2008, of respondent No.3 and order, in proceedings, vide D.Dis.No.565/2008 -S2, dated 03.03.2011, of respondent No.4.

(2.) The petitioner belongs to fishermen community. In response to the notification issued by respondent No.2, he has applied for being considered for appointment as fair price shop dealer of Depot No.1, Jeerupalem Village, Ranasthalam Mandal, Srikakulam District. Respondent No.5 is also one such applicant. On consideration of the merits and demerits of the petitioner and respondent No.5, respondent No.3 has selected and appointed the petitioner as fair price shop dealer. Feeling aggrieved by the said order, respondent No.5 filed an appeal before respondent No.3. By order, dated 24.10.2008, respondent No.3 has allowed the appeal on the sole ground that the petitioner was a beneficiary of a scheme called Rajiv Yuva Shakthi Scheme about seven years prior to his appointment as fair price shop dealer. This order having been confirmed in revision by respondent No.4, the petitioner filed this Writ Petition.

(3.) A perusal of the order of respondent No.3 shows that during the hearing of the appeal on 23.8.2008, respondent No.5 has neither appeared nor was represented by any counsel. The same appears to be the position before respondent No.4. This fact would show that respondent No.5 was not interested in pursuing his cause. However, despite the same, respondent No.3 has allowed the appeal filed by respondent No.5 only on the ground that the petitioner was a beneficiary under a Governmental scheme. While allowing the appeal, respondent No.3 has directed that the above -mentioned fair price shop shall be de -notified.