IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE TWENTY FIFTH DAY OFAPRIL, TWO THOUSAND EIGHT ONLY WRIT PETITION No.8500 of 2008 Between: R.Ravi. … Petitioner And Government of Andhra Pradesh, reptd., by its Principal Secretary, Food, Civil Supplies & Consumers Affairs, Secretariat, Hyderabad And another. … Respondents Counsel for the petitioners: Sri M.V.Rama Rao. Counsel for the respondents: G.P. for Civil Supplies. This Court made the following: ORDER:- This Writ Petition is filed for a Writ of Mandamus to declare the action of respondent No.2 in changing the reservation of dealership of Shop No.2, Laxmipuram village, from BC (General) to SC (General), vide: Proceedings Rc.No.B/1395/2007 dated 11-4-2008, as illegal and arbitrary. The petitioner also sought for a consequential direction to respondent No.2 to reserve Shop No.2 of Laxmipuram village for BC (General). The petitioner belongs to BC-A community. Consequent on creation of fair price shop No.2 of Laxmipuram, by bifurcating the existing fair price shop, the petitioner was appointed as a temporary dealer for the said shop, vide: Proceedings dated 13-2-2007 issued by respondent No.2. On 8-4-2008 respondent No.2 issued a notification, which was placed in the notice board on 10-4-2008, inviting applications for appointment of fair price shop dealers for 18 shops in several villages in Narasampet Revenue Division. In the said notification, Shop No.2 of Laxmipuram was reserved for BC (General). However, within a day thereafter i.e., on 11-4-2008, respondent No.2 issued another notification, in which the number of shops notified was reduced from 18 to 14 and Shop No.2 of Laxmipuram is reserved for SC (General). The petitioner filed this Writ Petition questioning the said notification stating that respondent No.2 arbitrarily exercised his power by suddenly changing the reservation from BC to SC. At the hearing, the learned Government Pleader for Civil Supplies, on instructions, admitted that on 10-4-2008 respondent No.2 issued a notification showing Shop No.2 of Laxmipuram as reserved for BC (General), but on a reconsideration of the matter, a fresh notification was issued on the next day reserving the shop in question in favour of SC (General). According to the learned Government Pleader, BCs., are already over-represented and whereas there is huge shortfall in filling up of SC vacancies and having realized the same, respondent No.2 issued a revised notification, which is now under challenge. The record produced by the learned Government Pleader shows that on 11-4-2008 respondent No.2 addressed individual letters to all the Tahsildars of Narasampet Division, wherein it is mentioned that the reservations were not properly worked out in accordance with the Government Orders in preparing the earlier notification dated 8-4-2008, which was published on 10-4-2008, and, hence, after revising the reservations, a fresh notification was prepared and the same was enclosed to the letters of the Tahsildars. The Tahsildars were directed to place the revised notification in all the notice boards. Having carefully considered the material produced by the learned Government Pleader, I am unable to accept the explanation offered by respondent No.2. If change of reservation and issue of revised notification was on account of reducing the number of BCs and reserving more number of shops for SCs., there was no need for notifying vacancies again for BCs., in the revised notification. But, a perusal of the notification shows that as many as seven vacancies were notified for BCs. If they were already over- represented, there was no reason for notifying further shops for the said category. Hence, I find no force in the submission of the learned Government Pleader. The Writ Petition is, therefore, allowed. The impugned notification dated 11-4-2008 is set aside. Respondent No.2 is directed to rework-out the reservation taking the entire Revenue Division as a Unit and issue a fresh notification. ------------------------------------ C.V.NAGARJUNA REDDY,J 29-4-2008 MNR