HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.14804 of 2008 Date : 30.08.2011 Between : Smt. K.Padmavathi. …..Petitioner And The District Collector (Civil Supplies), East Godavari District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.14804 of 2008 ORDER : This writ petition is filed with the prayer, which reads as under : “to issue any writ, order or direction essentially in the nature of Writ of Mandamus declaring the action of the respondents in bifurcating the fair price shop No.14 of B.Savaram Village of Razole Mandal, East Godavari District leaving the fair price shop No’s.12 and 15 of Podalada and Sompally villages respectively from bifurcation which are having more number of household supply cards than the petitioner and for allotting the same to the 3rd parties is as arbitrary, discriminative and contrary to the spirit of G.O.Ms.No.35, dt:17.9.2007 and in violation of Article 14, 19 and 21 of the Constitution of India and in violation of principles of natural justice and consequently direct the respondents not to bifurcate and allot the fair price shop No.14 allotted to the petitioner of B.Savaram Village, Razole Mandal, East Godavari District.” The petitioner was the only dealer earlier for distribution of essential commodities in B.Savaram village of Razole Mandal in East Godavari District. Bifurcation proceedings were initiated by detaching some cards attached to the petitioner’s shop, and a 2nd shop was created and the same was approved by the competent authority i.e. the District Collector. To fill up the 2nd vacancy, a notification was issued by the 2nd respondent and as evident from the counter affidavit, one Mr.G.Srinivas was appointed on 02.07.2008 for shop No.14A (newly created one) in B.Savaram village. In this writ petition, it is the case of the petitioner that in the adjoining villages of Podalada and Sompally, there were higher number of cards than B.Savaram village, but inspite of the same, no bifurcation was made with regard to the said shops, but due to political pressure, the shop of the petitioner was sought to be bifurcated. In this writ petition, it is to be seen that the bifurcation proceedings, creating 2nd shop, are already approved by the competent authority and the said proceedings are not under challenge in the writ petition. It is also to be seen that the 2nd notification to fill up the vacancy for the newly created shop is also not under challenge. As evident from the counter affidavit, for the newly created shop i.e. Shop No.14A in B.Savaram village, pursuant to the notification issued by the Revenue Divisional Officer, one G.Srinivas was appointed as dealer on 02.07.2008. In the absence of any challenge to the bifurcation proceedings and the consequential notification and appointment made to the newly created shop, no relief as sought for in this writ petition, can be granted. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No costs. ______________________ R. SUBHASH REDDY, J 30th August 2011 ajr