IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 18646 of 2008 Between: M.Sathish Rao S/o.M.Yella Rao Gundaram(V) Yellareddypeta(M) Karimnagar District ..... PETITIONER AND 1 The Revenue Divisional Officer Sircilla,Karimnagar District 2 The Tahsildar Yellaredypeta 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 will be pleased to issue a writ, order or direction more in the nature of Mandamus declaring the action of the respondents in not considering the representation of the petitioner dt 3-7- 2008 and issuing the Notiﬁcation No.S/171/07 dt 25-6- 2008 by the Revenue Divisional Oﬃcer Sircilla,Karimnagar District in so far as appointment of Fair Price Shop Dealer of Gundaram(V) Yellareddypeta(M) Karimnagar District as illegal arbitrary, unjust and opposed to all principles of natural justice equity and fair play and consequently hold that the petitioner is entitled to distribute the essential commodities through existing Fair Price Shop of Gundaram(V) Yellareddypeta(M) Karimnagar District till the expiry of licence period by duly treating the case of the petitioner comes under privilege and preference category on par with other categories with all consequential benefits. Counsel for the Petitioner: MR.D.LINGA RAO Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 18646 of 2008 O R D E R: The wife of the petitioner by name Smt.Suvarna, who was the authorized dealer of the fair price shop of Gundaram village of Yellareddypeta Mandal died on 15-05-2008. Consequently, the ﬁrst respondent issued a notification dated 25-06-2008 inviting applications from eligible candidates for appointment of a new dealer to the fair price shop of Gundaram village. Claiming that being the legal heir of the deceased dealer, he is entitled for appointment as the fair price shop dealer, the petitioner made a representation dated 01-07-2008 with a prayer to appoint him in the place of his deceased wife. Having considered the same, the second respondent-Tahsildar, Yellareddypeta vide letter dated 03-07-2008 recommended for appointment of the petitioner herein as dealer of the fair price shop of Gundaram village. In spite of the same, the impugned notiﬁcation dated 25-06-2008 was issued by the ﬁrst respondent inviting applications from eligible candidates for appointment of a new dealer. Aggrieved by the said action, the present writ petition is filed. I have heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents. As per clause 5(12) of the Andhra Pradesh State Public Distribution System Control Order, 2008 (for short ‘the control order’), in the event of the death of the fair price shop dealer, the authorization issued shall stand cancelled and the legal heirs of the deceased are not entitled to transfer of authorization. No other provision could be pointed out by the learned counsel for the petitioner under which the legal heirs of the deceased dealer acquire a right for appointment as dealer. Hence, no Mandamus can be issued compelling the respondents to act contrary to the statutory provision. Accordingly, the writ petition is disposed of leaving it open to the respondents to consider the candidature of the petitioner pursuant to the impugned notiﬁcation on par with other candidates following due process of law. No costs. ______________ G. ROHINI,J Date:01-09-2008 KLP