IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO.23891 of 2005 Between: G.Ramakrishna, S/o.G.Balaiah, R/o.Maramunagala Village Alampur Mandal, Mahabubnagar District. ..... Petitioner AND 1 The District Collector, Mahabubnagar District. 2 The Joint Collector, Mahabubnagar District. 3 The Revenue Divisional Officer, Gadwal, Mahabubnagar District. 4 The Mandal Revenue Officer Alampur Mandal, Mahabubnagar District. 5 Smt.K.Pramilamma, W/o.K.P.Ramdas @ Ramulu R/o.Maramunagala Village, Alampur Mandal, Mahabubnagar District. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records in case No.CS1/604/2005 dt.13.9.2005 of the 2nd respondent and quash the same as arbitrary, illegal, unjust and erroneous and consequently conﬁrm the order dt.20.6.2005 in proceedings No.G/7142/98 passed by the 3rd respondent and pass. Counsel for the Petitioner: MR.T.MAHENDER RAO Counsel for the Respondents 1 to 4: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.5: NONE APPEARED The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.23891 of 2005 ORDER: One Satyamaiah @ Satyanarayana was appointed as authorised Fair Price Shop (FPS) dealer of Marumunagala Village of Alampur Mandal in Mahabubnagar District in 1995. He tendered resignation in 2001. Therefore ﬁfth respondent was appointed as temporary FPS dealer, by proceedings dated 25.1.2001. Four years thereafter, Revenue Divisional Oﬃcer (RDO), Gadwal, issued a notiﬁcation dated 28.5.2005 inviting applications for appointment of FPS dealer of the village. Petitioner, ﬁfth respondent and thirteen (13) others applied. After selection process, RDO appointed petitioner as permanent FPS dealer of the village. Fifth respondent went in appeal before Joint Collector, Mahabubnagar–second respondent herein; who by impugned order dated 13.9.2005 set aside order of RDO dated 20.6.2005 appointing ﬁfth respondent observing that as ﬁfth respondent is working as temporary dealer from January 2001, it would not be proper to disturb her appointment. Learned Counsel for petitioner submits that as per relevant Control Order as well as notiﬁcation issued by RDO, a candidate to be eligible must have completed eighteen (18) years and must not have completed forty (40) years of age. Secondly he submits that Joint Collector, on an erroneous view that petitioner has kirana business, set aside the appointment order. These contentions are refuted by learned Assistant Government Pleader for Civil Supplies. Though notice is served, none appears for ﬁfth respondent and fifth respondent is absent. A perusal of impugned order passed by Joint Collector would show that crucial issues raised by petitioner in her grounds of appeal were not at all considered and Joint Collector was carried away by mere fact that ﬁfth respondent was working as temporary dealer from January 2001. Exercise of quasi-judicial power by Joint Collector does not satisfy canons of law. The same is liable to be set aside. Accordingly, impugned order dated 13.9.2005 passed by Joint Collector is set aside and the matter is remitted to Joint Collector, with a direction to consider all the questions raised by petitioners in appeal and pass appropriate orders, after issuing notice to petitioner and ﬁfth respondent. This exercise may be completed within a period of three months from the date of receipt of a copy of this order. The writ petition, with the above observations, is accordingly disposed of. No costs. _______________ (V.V.S.RAO, J) October 21, 2008 YS To 1 The District Collector, Krishna at Machilipatnam 2 The Joint Collector. Krishna at Machilipatnam 3 The Revenue Divisional Officer, Bandar, Krishna District. 4 The Mandal Revenue Officer, Guduru (M) at Guduru, Krishna District. 5 Two CCs to the Government Pleader for Civil Supplies, High Court Buildings, Hyderabad. 6 Two C.D. Copies.