IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 14093 of 2008 Between: Smt. Vatluri Rajani Kumari, W/o. Srinivas, Shop No. 3, of Korukollu Village, Kalidindi Mandal, Krishna District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep by its Secretary, Civil Supplies, Secretariat Buildings, Hyderabad. 2 The District Collector, Krishna District, at Machilipatnam. 3 The Revenue Divisional Officer, Gudivada, Krishna District. 4 The Tahasildar, Kalidindi Mandal, Krishna 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 will be pleased to issue a writ, order or direction, more particularly one under Writ of Mandamus, declaring the notification issued by the Respondent No. 3, dated 12-6-2008 calling for applications to fill up the vacancy of fair price shop dealer in respect of Shop No. III of Korukollu Village, Kalidindi Mandal of Gudivada Division of Krishna District as illegal and ultravires to the provisions of Articles 14 and 21 of the constitution of India, besides being violative of the principles of Natural Justice directing not to proceed further in respect of the said shop. Counsel for the Petitioner:MR.V.S.R.ANJANEYALU Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 14093 of 2008 O R D E R: This writ petition is filed seeking a Mandamus declaring the Notification issued by respondent No.3 dated 12.6.2008 calling for applications to fill up the vacancy of fair-price shop dealer in respect of Shop No.III of Korukollu village, Kalidindi Mandal of Gudivada Division of Krishna District as arbitrary, illegal and ultra vires to the provisions of Articles 14 and 21 of the Constitution of India. It appears, the respondents have issued a Notification on 12.6.2008 for filling up the vacancy of fair-price shop dealer against Shop No.III of Korukollu village, Kalidindi Mandal of Krishna District. According to the petitioner, it was allotted to her as a leader of DWACRA Group, on 6.11.2002; therefore, the question of notifying the said vacancy does not arise. While admitting the writ petition on 2.7.2008 it was observed that any authorization granted to the fair-price shop pursuant to 3rd respondent’s notification dated 12.6.2008 shall be subject to further orders in the WPMP. Now a detailed counter affidavit has been filed by the respondents stating that one P. Chandra Sekhar s/o Appa Rao was selected and appointed as fair-price shop dealer of Korukollu-3. It is further stated that now the remedy available to the petitioner is to file an appeal before the Joint Collector and the Joint Collector may examine as to the merits and demerits of appointment of P. Chandra Sekhar s/o P. Appa Rao. In view of the above, the writ petition is disposed of directing the petitioner herein to file regular appeal before the Joint Collector, Krishna District at Machilipatnam challenging the order of appointment of P. Chandra Sekhar s/o P. Appa Rao against the fair-price shop of Korukollu-3 within a period of four weeks from today. On filing such appeal, the Joint Collector shall dispose of the same within four weeks thereafter on its own merits, as per law. C.V. RAMULU, J. Date: 19-11-2008. Note: C.C. in a week. (BO) MVB.