IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.14282 of 2010 Between: Smt.P. Gayathri, W/o. Vijaya Sekhar, Age: 36 years, Occ: F.P.Shop Dealer, Shop No.47, Nawabpet, Nellore … Petitioner And The Joint Collector, Nellore, and 2 others … Respondents Order: The petitioner questions proceedings Rc.E.2010/2010, dated 27-05-2010, issued by the second respondent-Tahsildar, Nellore Urban Mandal, Nellore District, transferring Conventional Dealer Licence No.3/92- 93, in favour of the third respondent herein. The petitioner is a Fair-Price Shop Dealer for Shop No.47 of Nawabpet, Nellore town. Earlier, Fair-Price Shops were supplying food grains, sugar, oils etc. So far as Kerosene is concerned, there were separate dealers, who were dealing only in Kerosene. The Government has taken a policy decision imposing ban on new hawkers/new retail licences so as to make available all essential commodities including Kerosene only in Fair- Price Shops. It is stated that as and when licencees expire or licences of Kerosene dealers are discontinued for any reason, supply of Kerosene is tagged on to the Fair-Price Shops. In this case, one Smt. S.V.Suseelamma was the Conventional Kerosene Dealer, having licence No.3/92- 93, of Nellore Town. She made a representation to the respondents-authorities to transfer her dealership to the third respondent herein, who is her daughter-in-law, stating that she was not keeping good health. Thereafter, after the death of the said Suseelamma, the second respondent-Tahsildar, issued proceedings dated 27-05- 2010, referring to the proceedings of the first respondent- Joint Collector dated 17-05-2010, issuing Conventional Kerosene Dealer licence No.3 in favour of the third respondnet, which was earlier held by the said Smt. Suseelamma, vide licence No.3/92-93, considering it as a special case. It is submitted by learned counsel for the petitioner that as per the provisions of the Andhra Pradesh State Public Distribution System (Control) Order 2008, a Control Order framed under the Essential Act, 1955 there is no provision for transferring of licence in favour of the legal heirs of an earlier dealer. In this regard, special reference is made to the provision under clause 5(12) of the Control Order, which reads as under: “In the event of the death of the Fair Price shop dealer/Nomiated Retailer/Hawker, the authorization issued shall stand cancelled and the legal heirs of the deceased are not entitled to transfer of authorization.” A learned single Judge of this Court had an occasion to deal with the said clause in Bathula Annapurna v. Tahsildar, Kanchikacherla Mandal, Krishna District and others[1], wherein it is held that hawker licence given to a licencee cannot be transferred in favour of legal heirs. In this case, in spite of the notice issued to the third respondent, there is no appearance to oppose this petition. Learned Government Pleader appearing for respondents 1 and 2 fairly admits that in view of the prohibition contained under clause 5(12) of the Control Order, the licence is not transferable. A reading of the impugned proceedings would indicate that the transfer is effected on the representation made by the original Conventional Kerosene Dealer, namely Smt.S.V. Suseelamma. But, the said transfer is directly in contravention of the provision under clause 5(12) of the Control Order. Further, the aforesaid order of the learned single Judge of this Court supports the case of the petitioner. In that view of the matter, proceedings Rc.E.2010/2010, dated 27-05-2010, issued by the second respondent-Tahsildar, Nellore Urban Mandal, Nellore District, are hereby quashed. There shall be a direction to respondents 1 and 2 to consider grant of licence to deal in Kerosene in favour of the petitioner as per the policy in vogue. Writ petition is allowed to the extent indicated above. No order as to costs. ___________________ (R. SUBHASH REDDY, J) October 5, 2010 MRR [1] 2010 (3) ALD 741