IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.22695 of 2003 Between: K.Ravi Prasad, S/o K.Vasudeva Rao, r/o Vidapanakal Village and Mandal, Anantapur District. ..... PETITIONER AND 1 Government of A.P., Consumer Affairs Food and Civil Supplies (CSI) Department, rep., by Ex-office Secretary Govt Secretariat, Hyd. 2 The Director of Civil Supplies, A.P., Hyderabad. 3 The District Collector, Anantapur. 4 The Mandal Revenue Officer, Vidapanakal Mandal, Anantapur District. 5 V.Jayaramulu, S/o Chennappa, Vidapanakal Village and Mandal, Anantapur 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 to issue writ of mandamus or any other appropriate writ or direction declaring the order of the 1st respondent passed in G.O.Rt.No.58 dated 17-6-2003 as illegal arbitrary and one without jurisdiction Counsel for the Petitioner: MR.O.MANOHER REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following: Form-NIC-OGS/WP{VEENA} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.22695 of 2003 O R D E R: The petitioner seeks to question the order of the Government in confirming the order of bifurcation, bifurcating the fair price shop of Vidapanakal village and Mandal, Ananthapur District. The petitioner is the fair price shop dealer of Shop No.2 of Vidapanankal village and the Mandal Revenue Officer, Vidapanakal Mandal proposed for sanction of new shop at Ward No.5 of the said village as the residents of the area felt difficult to go to the 3rd ward where the fair price shop is situated. The Revenue Divisional Officer, Ananthapur sent proposals recommending for bifurcation of the petitioner fair price shop and create a new fair price shop for the convenience of the 5th ward cardholders i.e. SCs, BCs etc. The existing cards prior to bifurcation were 364 cards and consequent to bifurcation 174 cards will left over with the petitioner, and accordingly, the Collector issued orders on 15.11.1996 sanctioning new fair price shop at 5th ward and consequently, the Revenue Divisional Officer called for applications on 16.01.1997. It is stated that at that time the petitioner filed WP.340/1997, which was disposed of by this Court on 26.11.1997 directing the Collector, Ananthapur to dispose of the representation of the petitioner, and accordingly, the Collector disposed of the said representation by order dated 09.08.1999, holding that the bifurcation was made only keeping in view of the convenience of the cardholders. The petitioner also filed WP.23164/1999, which was ultimately dismissed as withdrawn with liberty to file a fresh petition. The bifurcation is effected for the convenience of cardholders and the existing dealer has no vested right to question the same. No assurance or specific privilege has been granted that there will not be any new shop in the next ward or neighbouring ward. Since the residents of the 5th ward are facing difficult to go to 3rd ward to which the petitioner is the dealer, it is proposed to establish a new fair price shop at 5th ward. The petitioner cannot have any right to question the action of the Government in creating a new fair price shop for the convenience of 5th ward cardholders. Having regard to the facts and circumstances of the case, I do no see any merit in the writ petition and the Writ Petition is, accordingly, dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 29.04.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Government of A.P., Consumer Affairs Food and Civil Supplies (CSI) Department, rep., by Ex-office Secretary Govt Secretariat, Hyd. 2 The Director of Civil Supplies, A.P., Hyderabad. 3 The District Collector, Anantapur. 4 The Mandal Revenue Officer, Vidapanakal Mandal, Anantapur District. 5.2CCs to 6.2CD copies