THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2282 of 2011 Dated 07th February, 2011 Between: Sri Khaja Saleemuddin …Petitioner And The Government of A.P., rep.by the Secretary, Department of Consumer Affairs, Food & Civil Supplies, CS, Secretariat, Hyderabd and others …Respondents Counsel for the petitioner: Sri Rama Rao Immaneni Counsel for respondents: AGP for Civil Supplies The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the inaction of the respondents in considering the petitioner’s representations, dated 13.06.2008 and 05.06.2008, seeking to appoint him as fair price shop dealer on temporary basis in terms of G.O.Ms.No.32, Consumer Affairs, Food and Civil Supplies (CS-II) Department, dated 30.08.2007, as illegal and arbitrary. The petitioner sought for a direction to the respondents to consider the said representations. At the hearing, it has come out that in W.V.M.P.Nos.4826 and 4828 of 2010 and W.P.M.P.No.17274 of 2010 in W.P.No.13705 of 2010, this Court has taken a prima facie view that sub-clause (IV) of clause (9) of G.O.Ms.No.52, dated 18.12.2008, only envisages that preference should be given to nominated retailers (NRs), subject to their possessing requisite qualifications and that it does not provide for automatic conversion of NRs into fair price shop dealers. The learned counsel for the petitioner submitted that the respondents may be directed to keep the above view in mind while filling up the existing fair price shop vacancies. In view of the submission, the writ petition is disposed of with the direction to the respondents to give effect to sub-clause (IV) of clause (9) of G.O.Ms.No.52, dated 18.12.2008, which provides for preferential treatment to the hawkers/NRs having license under the Andhra Pradesh Petroleum Products (Licensing & Regulation of Supplies) Rules, 1980 while filling up the vacancies in Fair Price Shops. As a sequel to disposal of the writ petition, W.P.M.P.No.2843 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 07th February, 2011 VGB