THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.25597 of 2011 Date: 13.09.2011 Between: G. Jaya Paul … Petitioner and The Revenue Divisional Officer, Narasaraopet, Guntur District and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.25597 of 2011 ORDER : Heard Sri Koneti Raja Reddy, learned counsel appearing for the petitioner as well as the learned Government Pleader for Civil Supplies appearing for respondent Nos.1 to 3. 2. The petitioner, who claims to be a cardholder and Ex- Sarpanch of Mallavolu Village, Machavaram Mandal, Guntur District, has filed this writ petition challenging the order passed by the 3rd respondent-District Collector and Magistrate, Guntur District, in proceedings Rc.No.506/2011/S1, dated 2.5.2011, approving the proposal for creation of a new Fair Price Shop at Mallavolu Village, as arbitrary and illegal. 3. Challenge to the said orders is on the ground that creation of a new shop is contrary to the orders issued by the Government in G.O.Ms.No.35, Consumer Affairs Food and Civil Supplies (CS-1) Department, dated 17.9.2007. 4. Learned counsel for the petitioner submits that the said G.O. has been issued in order to maintain viability of Fair Price Shops. According to the counsel, if a new shop is created, there should be minimum number of cards attached to a shop to make it remunerative to the dealers, otherwise the dealers may indulge in clandestine activities in order to sustain themselves. The learned counsel, therefore, submits that the impugned order proposing to create a new shop, to which 282 cards alone are attached, is liable to be interfered with. 5. I am not inclined to accept the contention of the petitioner for the reason that; firstly, the petitioner, admittedly, is a cardholder and creation of a new shop no way affects his interest; and secondly, the petitioner has no locus to plead the cause of viability of the shop as he is not a dealer himself. Further, the 1st respondent-Revenue Divisional Officer, Narasaraopet, Guntur District, made an exercise through the 2nd respondent-Mandal Tahsildar, Machavaram Mandal, and submitted a report stating that the cardholders are facing much difficulty in getting essential commodities from the existing Fair Price Shops. Taking into consideration the report submitted by the 1st respondent-Revenue Divisional Officer, Narasaraopet, the 3rd respondent has permitted for creation of a new shop. The petitioner, therefore, cannot be heard to say that creation of a new shop is against the public interest. 6. For the foregoing reasons, the petitioner is not entitled for the relief sought for in the writ petition. 7. The writ petition is accordingly dismissed, at the admission stage. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 13.09.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.25597 of 2011 13.09.2011 (Msr)