IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18247 of 2003 Between: Smt.Midde Rangamma, w/o Sudhakar, (Ward No.7/3) r/o D.No.7/2505, Sanjeevanagar Colony, Proddatur, Cuddapah District. ..... PETITIONER AND 1 The District Collector, Cuddapah, Cuddapah District. 2 The Joint Collector, Cuddapah, Cuddapah District. 3 The Revenue Divisional Officer, Jammalamadugu Cuddapah District. 4 Guduru Pravathi, w/o Rangaswamy, D.No.7/1876, Sanjeevanagar Colony, Proddatur, Cuddapah District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more in thenature of writ of mandamus declaring the orders of the respondent in Ref.No.I(3)/2149/2000 dated 12-8-2003 of the Ist respondent as null and void and consequently orders of the 2nd respondent in his Ref.No.I(3)/934/1999 dated 21-12-1999 as null and void. Counsel for the Petitioner:MR.V.H.V.R.R.SWAMY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18247 of 2003 ORDER: It is the case of the petitioner that the 3rd respondent issued Notification on 23-12-1998 calling for applications from Women candidates of S.C.Category for Fair Price Shop Ward No.7/3 of Proddatur Town and Mandal. Pursuant to the said notification, eight persons have applied for Fair Price Shop Dealership and out of eight persons, the petitioner secured highest marks of 14 on the ground that she is a resident of Door No.7/2505, of Proddatur Town, which is in the locality of Fair Price Shop notified area. She belongs to Mala (SC) by caste and she passed S.S.C. Neither of her family members held as Fair Price Shop dealer nor working in Government Service. She is free from convictions. She is solvent to a tune of Rs.60,000/- and she also actively participated in Akshara Rashmi. The second lowest marks were secured by the 4th respondent i.e., 13.6 on the ground that she is a resident of Door No.7/1876 of Proddatur town, which is in the locality of Fair Price Shop notified area. She belongs to Madiga (SC) by caste and she passed intermediate. Neither or her family members held as Fair Shop dealer nor working in Government Service. She is free from convictions. She has not produced any property certificate. Accordingly, the 3rd respondent through proceedings, dated 30-01-1999, appointed the petitioner herein as Fair Price Shop Dealer. Aggrieved by the same, the 4th respondent filed an appeal before the 2nd respondent. The 4th respondent herein argued before the 2nd respondent that the petitioner herein is not a resident of Ward No.7/3, but she is residing in Door No.7/811, Driver Kottalu and, therefore, the petitioner is not entitled for appointment as Fair Price Shop Dealer. On the other hand, the petitioner herein argued that she is residing in Door No.7/2505, Sanjeeva Nagar Colony, Proddatur Town, where the Fair Price Shop is located at present and she also filed voters list and Residential Certificate issued by the Mandal Revenue Officer, Proddatur, in support of her claim. The 2nd respondent through order, dated 21-12-1999 held that the petitioner is not a resident of fair price shop area and, therefore, she is not entitled for appointment as Fair Price Shop Dealer. Accordingly, while setting aside the appointment of the petitioner herein as Fair Price Shop Dealer, directed for issuance of re-notification. Aggrieved by the order of the 2nd respondent, the petitioner filed a revision before the 1st respondent and the 1st respondent dismissed the revision confirming the order of the 2nd respondent. Aggrieved by the same, this writ petition has been filed. Learned counsel appearing for the petitioner contended that the petitioner possessed three houses namely 7/2505, 7/2507 and 7/2508 and even the so called house where the petitioner is said to have been residing at Door No.7/811 is also within the notified area of Ward No.7/3 of Proddatur Town and, therefore, it cannot be said that she is not entitled for appointment as Fair Price Shop Dealer. No counter has been filed by the official respondents to consider the said contentions. However, the 4th respondent filed counter stating that the petitioner is not residing within the notified area of Ward No.7/3 of Proddatur Town. I am of the opinion that the appellate authority as well as the revisional authority failed to establish that the petitioner is not a resident of the notified area of Ward No.7/3. Therefore, it is just and proper to conduct enquiry by giving reasonable opportunity to the petitioner and the 4th respondent to establish as to whether the petitioner is a resident of Ward No.7/3 or not. Having regard to the facts and circumstances of the case, the writ petition is allowed setting aside the impugned order and the matter is remanded to the 3rd respondent directing him to conduct enquiry by giving reasonable opportunity to the petitioner and the 4th respondent. If ultimately, the petitioner is able to establish that she is a resident of notified area of Ward No.7/3, the appointment order issued by the 3rd respondent shall be confirmed appointing her as fair price shop dealer. It is needless to say that if the petitioner is not found as a resident of notified area of Ward No.7/3, the 4th respondent, who secured next highest marks, shall be appointed as fair price shop dealer. There shall be no order as to costs. __________ 08-04-2008 Prv ..... 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