IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE TWENTY NINETH DAY OF JUNE, TWO THOUSAND NINE ONLY WRIT PETITION No.8188 of 2007 Between: Dongre Keshav Rao. … Petitioner And The Sub-Collector, Asifabad, Adilabad District and another. … Respondents Counsel for the petitioner: Sri Mohd. Rahail Ahmed. Counsel for the respondents: AGP for Civil Supplies. This Court made the following: ORDER:- At the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. In this Writ Petition, the petitioner challenged notification dated 21-3-2007, by which respondent No.1 called for applications for appointing a dealer in respect of Tatipally fair price shop of Kowtala Mandal, Adilabad District. The admitted fact in this case is that the petitioner’s fair price shop dealership was valid till 31-3- 2007. However, even before expiry of the validity of the authorization, the impugned notification was issued. In the counter-affidavit filed by respondent No.1 it is, inter alia, stated that the petitioner failed to submit the Demand Drafts for several months, commencing from May, 2006 and that a show- cause notice was issued on 29-3-2007 for termination of his authorization. It is, however, not pleaded in the counter-affidavit that the petitioner’s authorization was terminated either before issuing the impugned notification or before filing of the counter-affidavit. So long as the petitioner’s authorization was not cancelled, no vacancy can be said to have arisen and, therefore, the respondents cannot seek to fill up a non-existent vacancy by issuing the impugned notification. In this view of the mater, the impugned notification is wholly irrational and illegal. Therefore, the Writ Petition is allowed and notification dated 21-3-2007 to the extent of Tatipally village fair price shop of Kowtala Mandal is quashed. This order will not preclude the respondents from taking appropriate action according to law. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:29-6-2009 MNR