IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12267 of 2008 Between: Smt.Lukalavu Devi Kumari W/o.Late Girijala Prasad 13th ward D.No.20D-1-10, Near Ganganammagudi Kakivari veedhi, Eluru, West Godavari District ..... PETITIONER AND 1 The District Collector, West Godavari District at Eluru 2 The Revenue Divisional Officer, Eluru Division, Eluru West Godavari District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ order or direction more particularly in the nature of writ of mandamus declaring the notification No.126/2008/C dated 24.5.2008 issued by the 2nd respondent herien in so far as calling applications for the allotment of fair price shop dealership in respect of shop No.54 of Eluru Nagaram, Eluru Mandal pending representation of the petitioner for allotment of the said shop to her under deceased quota as illegal, arbitrary, and unjust and consequently direct the 2nd respondent to consider the representation of the petitioner for allotment of fair price shop No.54 of Eluru Town,Eluru Mandal under deceased quota in accordance with law and pass Counsel for the Petitioner:MRSRINIVAS KARRA Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12267 of 2008 ORDER: Petitioner questions the Notification issued by the 2nd respondent, dated 24-05-2008, in calling upon the applications for allotment of fair price shop dealership in respect of Shop No.54 situated at Eluru Nagaram, Eluru Mandal, West Godavari District. It is stated that the husband of the petitioner was authorized fair price shop dealer of Shop No.54 situated at Eluru Nagaram, Eluru Mandal, West Godavari District, and he died on 22-04-2008 due to ill health and therefore, the petitioner made an application on 29-04-2008 for transfer/allotment of the said dealership under the deceased quota in favour of the petitioner and without considering the said application, issuing notification for appointment of permanent dealer, is illegal and arbitrary. I am not inclined to express any opinion as to whether the petitioner being the wife of the deceased dealer is entitled for sympathetic allotment/transfer of the said dealership under the deceased quota. However, as against the impugned Notification, an appeal lies to the Joint Collector. Having regard to the facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to file an appeal before the Joint Collector against the impugned Notification, insofar as notifying Shop No.54 situated at Eluru Nagaram, Eluru Mandal, West Godavari District, within one week from the date of receipt of a copy of this order. On filing such appeal, the appellate authority may consider and dispose of the same, as expeditiously as possible, without any undue delay. There shall be no order as to costs. __________ 13-06-2008 Prv .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}