K MALATHI Vs. DISTRICT COLLECTOR ANANTHAPUR DISTRICT

JUDGEMENT

(1.) This writ petition is filed seeking a mandamus declaring the action of the respondents in taking steps to renotify the petitioner's fair price Shop No.20 of 11th Ward, Guntakal, Ananthapur District, on the strength of the Orders of the 1st respondent in D.Dis.No.K4/ATP/601/2004, dated 3-2-2006 as arbitrary, illegal and contrary to the guidelines issued by the Government from time to time and consequently to set aside the Orders of the 1st respondent dated 3-2-2006.

(2.) It appears that in pursuance of a notification issued by the 3rd respondent- Revenue Divisional Officer, Ananthapur dated 29-8-1998 to fill up the vacancy of F.P. Shop No.20 of 11th Ward, Guntakal on permanent basis, petitioner along with others applied for the same. Respondent No.3, after considering the respective merits of the candidates, appointed the petitioner as fair price shop dealer on 22-9-1998 against F.P. Shop No.20 of 11th Ward, Guntakal. Aggrieved by the said Order of appointment, 4th respondent herein filed an appeal before the 2nd respondent. The appellate authority while admitting the appeal, refused to grant stay and finally the appeal itself was dismissed by an Order dated 13-4-1999. Challenging the same, the 4th respondent filed Writ Petition No. 13649 of 1999, which was disposed of with a direction to approach the revisional authority. Thereafter, respondent No.4 filed a revision before the 1st respondent, who, according to the petitioner, without issuing any notice, cancelled her appointment and directed the 3rd respondent to renotify the vacancy of F.P. Shop No.20 of 11th Ward, Guntakal. While disposing of the revision on 25-10-2003, the order of appointment of the petitioner as well as the order of the appellate authority were set aside. Assailing the said Order of the 1st respondent, petitioner filed Writ Petition No.7720 of 2004, which was disposed of by this Court on 11-7-2005 setting aside the Order of the 1st respondent dated 25-10-2003 and remanding the matter to the 1st respondent for de novo enquiry. In pursuance of the said Order of this Court, a report was called for with regard to the status of the 4th respondent herein from the Mandal Revenue Officer, Guntakal, who, submitted his report on 1-10-2005. The Mandal Revenue Officer, Guntakal also submitted another report on 31-12-2005 with regard to the status of the petitioner herein. Basing on the said reports, the 1 st respondent dismissed the revision holding that the 4th respondent herein is a close relative of a Government employee working in Revenue Department and also not resident of 11th Ward of Guntakal Town where the fair price shop is located and the petitioner herein is also not a resident of 11th Ward of Guntakal and as such, set aside the Orders of the Revenue Divisional Officer-3rd respondent and the Joint Collector-2nd respondent and directed to renotify the vacancy by following the rule of reservation. Assailing the said Order, the present writ petition is filed.

(3.) While admitting the writ petition, after passing a detailed interim Order on 9-3-2006 dismissing W.P.M.P. No.5643 of 2006, which was filed seeking to suspend the impugned Order, this Court made it clear that any appointment made to the fair price shop No. 20, Ward No.11 of Guntakal Town shall be subject to result of the writ petition.