IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 18066 of 2008 Between: Ahmed Saleemuddin S/o. Ahmed Raziuddin R/o. H.No.9-4-168. Kashmir Gudda, Karimnagar, A.P. ..... PETITIONER AND The Revenue Divisional Officer, Collectorate Buildings, Karimnagar, A.P. .....RESPONDENT 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 t o issue a writ more particularly one in the nature of Writ of Mandamus directing the respondent herein to consider petitioner application made in the month of February 2008, for appointing the petitioner as the permanent fair price shop dealer for shop No.0143, Karimnagar Town as expeditiously as possible, in the interest of local populace, by keeping in view the hardship going to be face by them, his responsibilities, not to infringe his fundamental rights and legal rights guaranteed to him by the Constitution of India. Counsel for the Petitioner: Mr.MIRZA NISAR AHMED BAIG Counsel for the Respondent: GP FOR CIVIL SUPPLIES The Court made the following : ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Civil Supplies appearing for the respondent. 2. This Writ Petition under Article 226 of the Constitution of India is misconceived. Petitioner seeks a direction to the respondent to consider his application submitted in February, 2008 for granting him permanent authorization for the fair price shop No.0143, Karimnagar Town. 3. The pre-existing dealer of the above fair price shop in Karimnagar town resigned from the authorization apparently on account of old age. Petitioner thereupon addressed a representation on 19-04-2007, to the Tahsildar, Karimnagar, for grant of authorization. Through the proceedings, dated 21-05-2007, respondent herein granted temporary authorization for the petitioner in respect of the fair price shop. In February, 2008 petitioner represented to the respondent for grant of permanent authorization and also enclosed a certificate to the effect that the petitioner was physically handicapped. On the ground that the respondent has not granted him permanent authorization for the fair price shop, in question, despite his representation submitted in February, 2008, this Writ Petition is filed. 4. Petitioner does not plead that a notification was issued by the respondent calling for applications for grant of a permanent authorization. In the absence of any such notification the process of selection for grant of permanent authorization has not even commenced. There is no legal regime under which the petitioner is entitled to the elevation of his status from a temporary authorisee to a permanent authorisee. It is trite law that existence of right is a foundation for a grant of mandamus. Petitioner has not established any such right for grant of permanent authorization even without notification issued for the purpose, by the respondent. 5. On the aforesaid analysis, there are no merits. Writ Petition fails and is accordingly dismissed. There shall be no order as to costs. ______________________ GODA RAGHURAM,J 20th August, 2008. Tsy To 1. The Revenue Divisional Officer, Collectorate Buildings, Karimnagar, A.P. 2. 2CCs to the GP for Civil Supplies. 3. 2CD copies Form-NIC-OGS/WP{MSN}