IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.11012 of 2007 Between: The Mahalakshmi Mahila Mutually Aided Consumers Co-operative Stores Limited, Regd.No.AMC/DCO/98/15, Door No.8/1331, Saipet, Kadapa, rep.by the President Mrs.V.Ramadevi, D/o.Pullaiah, aged about 22 years, President, R/o.Kadapa, Kadapa District ..... PETITIONER AND 1 The Vice-chairman & Managing Director, Andhra Pradesh State Civil Supplies Corporation Limited, Regd.office 6-3-655/1/A,C.S.Bhavan, Somajiguda,Hyderabad 2 The District Collector (Civil Supplies), Kadapa kadapa District 3 The Joint Collector & Ex-officio Executive Director Andhra Pradesh State Civil Supplies Corporation Limited, kadapa, Kadapa District 4 The Revenue Divisional officer, Kadapa, Kadapa District 5 The Tahsildar, Kadapa Mandal, Kadapa District .....RESPONDENTS Counsel for the Petitioner: MR.A.NAGENDRA RAO Counsel for the Respondents: MR.D.LINGA RAO The Court made the following Order: ORDER: This writ petition is filed to set aside proceedings dated 14.05.2007 issued by respondent No.4 cancelling the temporary authorization of the petitioner. A vacancy had arisen in respect of fair price shop of 9th ward consequent on suspension of Sri M. Mallikarjuna Rao, permanent fair price shop dealer. The petitioner and another individual, viz., Smt. K. Janaki Devi applied for appointment as fair price shop dealer. By order dated 07.09.2001, respondent No.4 selected Mahalakshmi Mahila Mutual Aided Cooperative Stores Limited, the petitioner herein, represented by Smt. B. Lakshumma, as its President, as fair price shop dealer on temporary basis. The impugned order was passed by respondent No.4 on the ground that the husband of Smt. B. Lakshumma is receiving pensionary benefits from the Government and her elder son is an employee in Cooperative Department. In my considered view these grounds are totally irrational and extraneous to the issue. In the first place as noted above, the authorization was issued in the name of the Mahalakshmi Mahila Mutual Aided Cooperative Stores Limited and not in favour of Smt. B. Lakshumma. The said woman merely happened to be the President of the said organization. Therefore, her purported ineligibility cannot be made basis to cancel the authorization standing in the name of the above mentioned organization. Secondly no provision is brought to the notice of this Court which renders a fair price shop dealer ineligible to continue as such, merely because her husband was a retired Government employee and her son is an existing Government employee. In the absence of any such bar under the extant provisions governing the appointment of fair price shop dealers, cancellation of the authorization on the said ground cannot be sustained in law. Therefore, impugned order dated 14.05.2007 is set aside. It requires to be noted that the temporary arrangement in respect of the dealership in question is being continued since the year 2001. Therefore, it is time that respondent No.4 takes immediate steps to fill up the vacancy on permanent basis by following due procedure. Subject to the above observations, the writ petition is allowed. _________________________ (C.V.NAGARJUNA REDDY, J) 21st July, 2009 GHN