HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.18718 of 2010 Date: August 13, 2010 Between: S. Raveendra Goud, S/o.Laxmanna Goud, Aged about 30 years, Occ:Fair-Price Shop- Dealer, R/o.Gudur Village and Mandal, Kurnool District … Petitioner And The Revenue Divisional Officer, Kurnool, Kurnool District. … Respondent Order: This writ petition is filed seeking Mandamus declaring the action of the respondent-Revenue Divisional Officer, Kurnool in issuing notification Rc.B.1447/2010, dated 19- 07-2010, inviting applications for appointment of dealer with regard to the shop in 4th Ward, Gudur Village and Mandal, Kurnool District, as illegal and arbitrary. In the affidavit filed in support of the writ petition, it is stated that the petitioner herein was appointed as dealer with regard to the aforesaid fair-price shop, vide proceedings Rc.B.649/2004, dated 02-07-2004 and he has been supplying commodities without any complaints from cardholders. While things stood thus, the impugned notification was issued inviting applications from candidates belonging to S.C. category for grant of dealership for distribution of essential commodities under Andhra Pradesh Public Distribution System (Control) Order 2008, on permanent basis, as per the guidelines framed in G.O.Ms.No.52 dated 18-12-2008. The main ground on which this writ petition is filed is that, earlier, dealership for the shop in question was reserved to candidates belonging to B.C. community and the impugned notification is issued reserving the said shop to candidates belonging to S.C. community and the same is illegal and contrary to the aforesaid guidelines. Grant of dealership for supply of essential commodities is governed by A.P. Public Distribution System (Control) Order, 2008, a Control Order framed under the Essential Commodities Act, 1955. For the purpose of selecting candidates for appointment as Dealers, guidelines have been notified by virtue of the orders issued by the Government in G.O.Ms.No.52 dated 18-12-2008. As per the said guidelines, 15% of the vacancies are to be reserved to candidates belonging to S.C. category. It is the grievance of the petitioner that although there is a representation of 15% by candidates belonging to S.C. category in Kurnool Revenue Division; in spite of the same, the impugned notification has been issued reserving the shop in question to candidates belonging to S.C. category. On the last occasion, the matter was adjourned so as to enable the learned Government Pleader appearing on behalf of the respondent to obtain instructions and report. Today, when the matter is taken up, a copy of the statement signed by Revenue Divisional Officer, Kurnool is placed before this court by the learned Government Pleader. In the said statement, percentage of fair-price shops held by reserved categories and also total number of shops in Kurnool Revenue Division is shown. As per the said statement, in the Revenue Division of Kurnool, totally, there are 918 shops. Out of the said shops, 144 shops are held by candidates belonging to S.C. category. 144 shops out of 918 shops represent 16%. Whereas, as per the orders framed by the Government in the G.O. afore-stated, only 15% vacancies are to be reserved to candidates belonging to S.C. category. In that view of the matter, there appears no reason for reserving the shop in question in favour of candidates belonging to S.C. category by the impugned notification. For the aforesaid reasons, notification Rc.B.1447/2010, dated 19-07-2010, issued by the respondent herein, is quashed with a direction to the respondent to notify the vacancy for the shop in question afresh by following the guidelines issued in G.O.Ms.No.52 dated 18-12-2008. The writ petition is allowed to the extent indicated above. No order as to costs. ___________________ (R. SUBHASH REDDY, J) August 13, 2010 MRR