HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23496 of 2010 Date 22.09.2010 Between: Pidathala Mugalaiah. ..... PETITIONER AND The District Collector, Ongole, Prakasam District & others. .....RESPONDENTS Counsel for the Petitioner :Sri Rajanikanth Jwala Counsel for the Respondent Nos:1 to 4 :Assistant Government Pleader for Civil Supplies HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23496 of 2010 ORDER: This Writ Petition is filed for a Mandamus to declare the inaction of respondent No.3 in conducting enquiry and passing appropriate orders in respect of appointment of permanent dealer for fair price shop of Ramanareddypalem Village, Mundlamur Mandal, Prakasam District in pursuance of the order dated 18.05.2010 passed by respondent No.1 as illegal and arbitrary. I have heard Sri Rajanikanth Jwala, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Civil Supplies representing the respondents and perused the record. The petitioner was one of the applicants for dealership of the above noted fair price shop. Following the selection process taken up in pursuance of the notification dated 23.09.2004, respondent No.3 appointed one Rayapudi Pitchaiah as the fair price shop dealer. Being unsuccessful in the said selection, the petitioner filed an appeal before respondent No.2. The said appeal having been dismissed by the proceedings dated 30.06.2005 of respondent No.2, the petitioner filed a revision petition before respondent No.1. The said revision petition was disposed of by respondent No.1, by his order dated 18.05.2010, by remanding the matter to respondent No.3 with a direction to him to conduct a detailed enquiry and pass appropriate orders. To the petitioner’s ill-luck, his adversary, the said Rayapudi Pitchaiah died on 04.06.2010. According to the petitioner, as he is left alone in the field, he is entitled to be appointed as a fair price shop dealer. In my opinion, this stand of the petitioner and as projected by the learned Counsel for the petitioner is wholly misconceived. If the permanent fair price shop dealer dies during the pendency of the litigation, it is incumbent upon the respondents to notify the vacancy and undertake fresh selection process. Learned Counsel for the petitioner failed to point out any provision which envisages appointment of the unsuccessful candidate in the selection process as a permanent fair price shop dealer in the place of the deceased appointee. For the above-mentioned reasons, the petitioner is not entitled to any relief. The Writ Petition is accordingly dismissed. However, there shall be a direction to respondent No.3 to notify the fair price shop in question for filling up of the vacancy on permanent basis and complete the process within a period of three months from the date of receipt of a copy of this order. It is needless to observe that if the petitioner is eligible to apply, he is entitled to do so and, in such an event, his case shall be considered along with other eligible candidates. As a sequel to dismissal of the main petition, WPMP.No.30073 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY,J Date:22.09.2010 usd