K SUBBA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH
LAWS(APH)-1992-2-49
HIGH COURT OF ANDHRA PRADESH
Decided on February 24,1992

K.SUBBA REDDY Appellant
VERSUS
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

M.N.Rao, J. - (1.)The petitioner was appointed permanently in the year 1981 as fair price shop dealer in respect of Dupadu village, Tripurantakam Mandal, Prakasam district. The Government issued G.O.Rt.No.951, Food and Agriculture (CS. II) Department, dated 16-5-1988 laying down guidelines for selection and appointment of fair price shop dealers. Paragraph 8(1) of the Guidelines is in the following terms:
"All individuals holding any office in public life like Sarpanch of Gram Panchayat, President of Mandal Praja Parishad, President, Co-operative Society, Councillor or Chairman of a Municipality, etc., shall not be eligible to be appointed as fair price shop dealers."
Doubts were raised as to whether a fair price shop dealer, who subsequently was elected to a public office referred to above, would be liable to be removed. The position was clarified by the Government on 12-7-1988 by issuing Memorandum No. 44345 / CS. II / 88 advising the Collectors / Chief Rationing Officers in such cases "not to renew the authorisations of those fair price shop dealers who have been elected as Sarpanchas, Municipal Councillors, etc., when such dealers file applications for renewal of authorisations or issue of fresh authorisations in the revised form as per the G.O. second cited.
(2.)By virtue of the aforesaid memorandum, the Mandal Revenue Officer served an order on the petitioner on 18-7-1988 informing him that as he was elected as Sarpanch of the Gram Panchayat, supply of essential commodities for distribution through him had been stopped. Challenging the same, the present writ petition was filed.
(3.)Shri Ravindra Reddy, learned counsel for the petitioner, contends that guideline 8(1) of G.O.Rt. No. 951 dt. 16-5-1988 renders ineligible persons holding public offices specified therein from being appointed as fair price shop dealers. But that embargo, submits the learned counsel, wo'uld not stand in the way of the petitioner who was continuing as a fair price shop dealer. He also says that the Government Memorandum dt.12-7-1988 advises the authorities not to renew the authorisations of fair price shop dealers of those individuals who subsequently have been elected to the public offices specified in the guideline referred to above.
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