THE HON'BLE MR JUSTICE SANJAY KUMAR Writ Petition No.10471 of 2008 DT.24.1.2011 Between: Ragani Kanaka Durga … Petitioner And The Collector, Krishna Dist at Machilipatnam and ors … Respondent Counsel for the Petitioner: Sri C.V.R. RUDRA PRASAD Counsel for respondents: G P for Civil Supplies The Court made the following ORDER: THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 10471 OF 2008 ORDER: The grievance of the petitioner in this case was with regard to the action of the respondent authorities in not permitting her to distribute essential commodities in respect of fair price shop no.1, Guravaipalem village, Kalidindi mandal, Krishna district. The petitioner was appointed as the dealer for the said shop by the Revenue Divisional Officer, Gudiwada, Krishna district under proceedings dated 28.3.2007. However, the said order of appointment was cancelled by the Joint Collector, Krishna district under proceedings dated 17.3.2008 on the ground that the petitioner’s appointment was illegal as the said dealership was reserved for Schedule Tribe category and admittedly, the petitioner belonged to BC-B category. The Joint Collector, Krishna District, therefore directed the appointing authority to undertake fresh appointment of an eligible candidate as per the relevant rules. Aggrieved thereby, the petitioner filed a revision petition before the District Collector, Krishna district. She approached this Court by way of the present writ petition aggrieved by the fact that the Revisional authority did not pass any order in the said revision. This Court, by interim orders dated 2.5.2008 and 27.6.2008, restrained the respondent authorities from issuing a notification and appointing a third party in respect of the fair price shop No.1 Guravaipalem village, Kalidindi mandal, Krishna district, pending disposal of the writ petition. The authorities were however given the liberty to make temporary arrangements for distribution of essential commodities. Seeking vacation of the said order, the respondent authorities filed WVMP No. 705 of 2009. With the consent of both counsel, the main writ petition is taken up for disposal. It is stated by the learned counsel for the writ petitioner that the revision petition filed by his client before the District Collector, Krishna district was disposed of by order dated 26.8.2008, whereby the Revisional authority directed the Revenue Divisional Officer, Gudiwada to notify the vacancy afresh, upon receipt of the final orders in this writ petition, observing the Rule of Reservation, treating the entire Revenue division as a unit, duly following G.O.Ms No. 53, Consumer Affairs, Food and Civil Supplies (C.S.I) Department dated 6.10.2003 and to continue with the temporary arrangements till such date, so as to avoid inconvenience to the card holders. Though the learned counsel for petitioner stated that his client was entrusted with the temporary dealership for distribution of the essential commodities, the same is belied by the statement in the counter to the effect that the adjacent fair price shop dealer was kept as incharge for the subject fair price shop and that the petitioner was not allowed to distribute the essential commodities. Be that as it may, in the light of the order passed by the Revisional authority, directing notification of the vacancy afresh, this Court is of the opinion that no further adjudication is required in the present writ petition. As the matter stands, the inescapable fact remains that the petitioner, belonging to Backward Class (B) category, was ineligible to aspire for a vacancy reserved for Schedule Tribe category. As the Revisional authority, having taken into account all these facts, directed notification of the vacancy afresh, the same would serve the ends of justice. The writ petition is accordingly disposed of directing the respondent authorities to abide by the order dated 26.8.2008 passed by the Revisional authority/District Collector, Krishna, and notify the vacancy afresh insofar as the fair price shop no.1 Guravaipalem village, Kalidindi mandal, Krishna district is concerned expeditiously, and preferably within two months from the date of receipt of a copy of this order. Till such time, the temporary arrangement put in place shall continue. In the circumstances of the case, there shall be no orders as to costs. ______________ SANJAY KUMAR,J DATE:24.1.2011 THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 10471 OF 2008 Date: 24.1.2011