THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.20377 of 2007 ORDER: 1 Petitioner in this Writ Petition is a fair price shop dealer for shop No.2 of Venkateshwaram Village, Amrabad Mandal in Mahabubnagar District. In this Writ Petition he has questioned the order of the District Collector, Mahabubnagar District dated 09.07.2007 issued in proceedings No.CS10/625/2006 as confirmed by the appellate authority i.e. the Director of Civil Supplies, Hyderabad dated 13.09.2007 passed in Appeal No.N1/6079/2007. 2 There were two fair price shops in Venkateshwaram village, Amrabad Mandal in Mahabubnagar District. In view of the representation of the cardholders, the Revenue Divisional Officer submitted proposals basing on the report of the Tahsildar for creation of third shop, by detaching some cards attached to the petitioner’s shop and the same were approved by the District Collector by his proceedings dated 09.07.2007. As against the said orders of approval granted by the District Collector, the petitioner carried the matter by way of appeal before the Director of Civil Supplies, who, after examining the matter in detail, has dismissed the appeal by judgment dated 13.09.2007 passed in Appeal No.N1/6079/2007. 3 In this Writ Petition it is contended by Sri P. Laxma Reddy, learned counsel for the petitioner that the third shop is created and the same is approved by the impugned order of the District Collector basing on the political considerations only, and in the absence of any requirement, creation of such third shop is also in contravention of the guidelines issued by the Government. 4 On the other hand, the learned Government Pleader for Civil Supplies appearing for the respondents submitted that as it was found that there are large number of cards attached to the existing two shops, and as there was inconvenience to the cardholders, after making necessary enquiry only proposals were sent for creation of third shop by attaching 392 cards, which were equally taken out from the existing two shops. It is further submitted that the third shop, which is newly created one is also notified to fill up the vacancy and during the pendency of the Writ Petition the third shop is created and dealer is also appointed. 5 In this case, it is to be noticed that when the third shop has already started functioning by appointing a dealer, no further steps have been taken by the petitioner to question the notification or the appointment of the dealer to the said newly created shop. Though it is submitted by the learned counsel for the petitioner that the third shop is created only at the instance of political consideration, but in view of the counter affidavit filed by the respondents and also the reasons given by the appellate authority, it is clear that there was a representation from the cardholders of Venkateshwaram Village who are facing inconvenience in view of the attachment of the entire cards of the village to the existing two shops. It is also to be noticed that when the third shop was already created and a dealer was appointed to the said shop, in the absence of the said dealer being impleaded as party to the present Writ Petition, no relief can be granted at this stage to the petitioner. 6 For the aforesaid reasons, the Writ Petition is devoid of any merit and the same is accordingly dismissed. No costs. ------------------------ R.Subhash Reddy, J. 27.10.2011 Kvsn