IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 13238 of 2008 BETWEEN: B. Raghupathi Reddy S/o. Sai Reddy, Fair Price Shop Dealer of Shop No.4555 H.No.12-5-257 Elkulapalli Gate Laxmipuram Ramagundam (M) Karimnagar District. ... PETITIONER AND 1 The Commissioner of Civil Supplies Andhra Pradesh Hyderabad. 2 The District Collector (Civil Supplies) Karimnagar District. 3 The Revenue Divisional Officer, Pedapally, Karimnagar District. 4 The Tahsildar Ramagundam Karimnagar 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 may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the respondents herein to supply the essential commodities to the petitioner's Fair Price Shop bearing No.4555 for the 621 Card Holders pertaining to Block No.12-4 &12-5 situated at 12-5-257 Laxmipuram Elkulapalli Gate Ramagundam (M) Karimnagar District as long as the authorization is neither suspend nor cancelled by duly declaring the action of the respondents in deleting the Block No.12-5 from his Fair Price shop bearing No.4555 as illegal arbitrary and contrary to the well settled principles of law laid down under A.P State Public Distribution Systems(control) order 2001 and pass such other order or orders. Counsel for the Petitioner: MR.VENKATESHWAR VARANASI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER: Petitioner submits that he is the fair price shop dealer of Fair Price Shop No.4555 situated at 12-5-257, Laxmipuram, Elukapalli Gate, Ramagundam Mandal, Karimnagar District and 621 cards were allotted to his shop. The grievance of the petitioner is that without giving any notice the said cards are sought to be reduced, therefore, he seeks a Writ of Mandamus to direct the respondents to supply the essential commodities to his fair price shop relating to 621 cardholders. 2. Admittedly, the petitioner is the fair price shop dealer of Fair Price Shop No.4555 and 320 white cards and 31 AAY cards have been allotted to his shop. The authorization of another fair price shop allotted in favour of one M. Madhava Rao in respect of Fair Price Shop No.4555/1 (4597 new) was cancelled by the order of the Revenue Divisional Officer dated 05.01.2003 in Ref.No.D1/1800/2000-2 and thereafter the petitioner was appointed as temporary in-charge of the fair price shop No.4555/1, which was re- designated as Fair Price Shop No.4597 of Laxmipuram Village. As the vacancy had to be filled in, the Revenue Divisional Officer issued a notification for regular appointment of fair price shop dealer in respect of Fair Price Shop No.4555/1 (re- designated as 4597) in proceedings No.D/1099/2007 dated 11.06.2008 for the convenience of the residents of Laxmipuram village. Therefore, the petitioner is not entitled to question the said notification as he is not a permanent dealer of the Fair Price Shop No.4597 and more so when the 320 white cars and 31 AAY cards allotted to the fair price shop of the petitioner were not at all disturbed. 3. In view of the aforesaid facts and circumstances of the case, I do not see any justification on the part of the petitioner in seeking a directing to supply the essential commodities for 621 cards as the cards allotted to him are only 320 white cards and 31 AAY cards. The writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J July 8, 2008 DSK