THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17010 of 2009 DATE: 18.08.2009 Between: V. Rajendran ... Petitioner and The State of Andhra Pradesh, rep. By its District Collector, Chittoor District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17010 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 2nd respondent in not considering his case for re-appointment as a fair price shop dealer of Marripalle village, S.R. Puram Mandal, Chittoor District, as illegal and arbitrary. 2. The case of the petitioner, in brief, is that he was appointed as a fair price shop dealer of Marripalle village, S.R. Puram Mandal, Chittoor District in the year 1992. While so, on 02.04.2009, due to certain compelling reasons, he has submitted his resignation letter to the Tahsildar, S.R.Puram Mandal - 3rd respondent, who forwarded the same to the Revenue Divisional Officer, Chittoor, Chittoor District - 2nd respondent for acceptance. Being a competent authority, the 2nd respondent has accepted the resignation of the petitioner, by proceedings in ROC B/788/09, dated 03.04.2009. Consequently, the fair price shop of Marripalle village was entrusted to the fair price shop dealer of Chinna Tayyuru village, on temporary basis. Subsequently, i.e. in the first week of June 2009, the petitioner approached the 2nd respondent and requested him to reappoint him as fair price shop dealer of Marripalle village, as the said post is not filled up, on regular basis, so far. He has also represented to the District Collector, Chittoor District - 1st respondent to reappoint him as fair price shop dealer of Marripalle village and as per the directions of the 1st respondent, he submitted a detailed representation to the 2nd respondent on 31.07.2009, but the same is not considered till now. Being aggrieved by the same, he filed this writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Assistant Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has submitted that due to certain compelling reasons, the petitioner had to offer his resignation to the 3rd respondent, that if the petitioner is reappointed as a fair price shop dealer of Marripalle village, no prejudice would be caused to any third party, as the same is not yet filled up on regular basis, that though the petitioner has submitted a detailed representation to the 2nd respondent on 31.07.2009 seeking his reappointment, the same is not considered so far by the 2nd respondent, that there is no justification for the 2nd respondent in not considering the case of the petitioner for reappointment as a fair shop dealer of Marripalle village, and therefore, prays to allow this writ petition. 5. Having considered the submissions made by the learned counsel for the petitioner and taking into consideration that the representation of the petitioner dated 31.07.2009 for his reappointment as a fair price shop dealer of Marripalle village, is very much pending with the 2nd respondent, this Court is of the view that this writ petition can be disposed of with a direction to the 2nd respondent to consider the representation of the petitioner. 6. Accordingly, this writ petition is disposed of directing the 2nd respondent to consider the representation of the petitioner dated 31.07.2009 and pass appropriate orders thereon, within a period of four (4) weeks from the date of receipt of a copy of this order. Till such time, the post of fair price shop dealer of Marripalle village, S.R. Puram Mandal, Chittoor District, shall not be filled up, on permanent basis. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 18th August, 2009 NOTE; Furnish CC by three days. B/o CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17010 of 2009 (Disposed of) 18th August, 2009 NOTE; Furnish CC by three days. B/o CBS