THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.10916 of 2010 Dated: 08.07.2010 Between: Nalliboina Ramanaiah .. Petitioner. And The Revenue Divisional Officer, Nellore, S.P.S.R. Nellore District, and others. .. Respondents. ORDER: The petitioner states that Fair Price Shop No. 4 of Ramannagaripalli village, Kaluvai Mandal, S.P.S.R. Nellore District, is reserved for B.Cs. for the last 15 years. While so, the 1st respondent- Revenue Divisional Officer, Nellore, vide proceedings in R.C.C.No.1463/2008, dated 29.04.2008, appointed him as Fair Price Shop dealer for the said shop. While functioning as such, he states that the 1st respondent, without issuing any notice, issued notification, which was published in Eenadu Daily on 11.03.2010, inviting applications for appointment of Fair Price Shop Dealers, for the shop in question, along with other shops, by reserving the same for Physically Handicapped persons. Questioning the said notification as illegal and arbitrary, the petitioner filed the present writ petition. Today, when the matter is taken up for hearing, learned Government Pleader for Civil Supplies placed a copy of the written instructions received by him from the 1st respondent through fax. A perusal of the same would disclose that in all there are 605 Fair Price shops in the Division, out of which 3% of them, are reserved for Physically Handicapped category as per G.O. Ms. No.52, dated 18.12.2008. Though 3% of the total shops, comes to 18, but only 10 shops are being run at present, and there is a shortfall of eight such shops, to be run by Physically Handicapped persons, including the shop run by the petitioner. Learned counsel for the petitioner submits that the impugned notification was issued without giving any notice to the petitioner and, therefore, it amounts to violation of principles of natural justice, and on that ground, the impugned notification is liable to be set aside. In support of this argument, he relied on the judgment of this Court in Nagaraja Gupta and another v. Joint Collector, Ananthapur[1]. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies for the respondent. The appointment of the petitioner as Fair Price Shop Dealer for the shop in question vide proceedings dated 29.04.2008 of the Revenue Divisional Officer, Nellore, is only temporary. In fact, it is made very clear therein that the petitioner has no right to claim any permanency. Since the appointment of the petitioner as Fair Price Shop Dealer to the shop in question is only temporary, and his authorization having not been cancelled, the petitioner cannot have any grievance against the issuance of the impugned notification, which has been issued for filling up Fair Price Shops, on permanent basis. When the appointment of the petitioner itself clearly says his appointment is on temporary basis, he cannot expect issuance of any prior notice before issuance of the impugned notification for filling up the shops on permanent basis, and he cannot complain that in the issuance of the impugned notification, the principles of natural justice are violated. The judgment of this Court in Nagaraja Gupta and another v. Joint Collector, Ananthapur, relied on by the petitioner that notice is required to be given to him, does not assist him in any manner, because that was rendered in a case where the authorization was cancelled without issuing any notice, but that is not the case on hand. Hence, there is no merit and the same is accordingly dismissed. No costs. _____________ N.V.RAMANA,J 08.07.2010 v v/ksr [1] 2005(1) ALT 95