IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.22641 of 2008 Between: S. Venkata Naik, S/o. Chakkeerappa, R/o. Mangapuam Village, Kondapuram (PO), Penukonda Mandal, Anantapur District. ..... PETITIONER AND 1 The Joint Collector, Anantapur. 2 The Revenue Divisional Officer, Penukonda, Anantapur District. 3 The Tahsildar, Penukonda, 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 issue a Writ of Mandamus or any other appropriate Writ or Writs, order or direction, declaring the action of the Respondents in seeking the constitution a new FP Shop at Kondapuram Village, Penukonda Mandal, Anantapur District, by bifurcating the FP Shop of Petitioner at Kondapuram Village, Penukonda Mandal, Anantapur Ditrict, pursuant to the Notiﬁcation dt. 6-5-2008 issued by directing the Respondents to take steps for constitution of new Shopat Kondapur Village only after strictly complying with the guidelines laid down in G O Ms. No. 35 dt. 17-9- 2007, by further setting aside the order dt. 8-8-2008 issued in D.Dis. No. K4/PKD/965/2008 on the ﬁle of the ﬁrst respondent; award costs and pass such other or further orders, as are deemed ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: SRI N.RANGA REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.22641 of 2008 ORDER: The petitioner is authorized Fair Price Shop (FPS) dealer of Konapuram Village with 522 BPL (below poverty line) IRIS ration cards. When the competent authority, namely, the second respondent, issued a notiﬁcation dated 06.05.2008 inviting applications for appointment of an authorized dealer for the new FPS of Konapuram Village, apprehending that some of the cards attached to his shop will be transferred to the new shop, the present writ petition is filed. Learned Counsel for the petitioner, after taking this Court through the latest Government Order, being G.O.Ms.No.35, Consumer Aﬀairs Food & Civil Supplies (CS- 1) Department, dated 17.09.2007, submits that while establishing new FPS the respondents are bound to follow the Government instructions. There cannot be any dispute that the second respondent is bound to follow the same. However, this Court hastens to add that no case is made out to show that there is any attempt on the part of the second respondent to violate guidelines issued by the Government. Therefore, the writ petition is misconceived as held by the Supreme Court in District Collector v B.Suresh[1]. The petitioner has also alternate remedies as and when there is any real grievance. The Writ Petition, with the above observations, is accordingly dismissed. No costs. ____________ (V.V.S.RAO, J) 17.10.2008 vs To 1 The Joint Collector, Anantapur. 2 The Revenue Divisional Officer, Penukonda, Anantapur District. 3 The Tahsildar, Penukonda, Anantapur District. 4 2CCs to G.P for Civil Supplies, High Court of A.P., Hyderabad. 5 2CD copies Form-NIC-OGS/WP{RLD} [1] 2000 (1) ALD 9 (SC)