A S VENKATESWARA RAO VEERAVALLI VILLAGE BAPULAPADU MANDAL KRISHNA DISTRICT Vs. DISTRICT COLLECTOR KRISHNA DISTRICT AT MACHILIPATNAM

JUDGEMENT

(1.) This writ petition complains against the orders of the Joint Collector, Krishna District, second respondent herein, as confirmed by the District Collector, Krishna District, the first respondent herein, by which the appointment of the petitioner as Fair Price Shop Dealer of Veeravalli village Bapulapadu Mandal, Krishna District is set aside.

(2.) In fact, the petitioner was firstly appointed as Fair Price Shop Dealer by the then Chairman, Zilla Abhivrudhi Sameeksha Mandali, who was made the appointing authority by virtue of G.O. Ms. No. 300 dated 5-5-89. The said Chairman has appointed the petitioner on 13-10-89 and the petitioner was functioning as such.

(3.) G.O. Ms.No. 120 dated 27-2-1988 and G.O. Ms.No. 300 dated 5-5-89 in which the appointing authorities were challenged, as, hitherto the Revenue Divisional Officers were the appointing authorities, but by virtue of G.O. Ms.No. 120 Dated 22-2-1988 the District Collector was made the appointing authority and by virtue of G.O. Ms.No. 300, the said power was vested in the Chairman, Zilla Abhivrudhi Sameeksha Mandali. Both these Governmental Orders came to be challenged in a batch of writ petitions in WP No. 8671/89 and Batch. While setting aside the said Governmental Orders and holding that the same operates as judgment in rem, the Division Bench of this Court in Peddada Venkatramana & Others vs. Gout, of A.P., Represented by its Secretary F & A (CS-II) Department, Hyderabad and Others, held that the Fair Price Shop Dealers under the said Governmental Orders will operate as temporary dealers and directed the erstwhile appointing authority i.e. the Revenue Divisional Officer to renotify, inviting applications for processing the appointment to the Fair Price Shop Dealers afresh.