THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR Dated: 06-12-2010 WRIT APPEAL No. 1033 OF 2010 Between: Smt. G. Dhanalaxmi and 16 others ... APPELLANTS AND The Government of A.P., rep., by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad and 41 others …RESPONDENTS THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No. 1033 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) Appellants, nominated retail kerosene dealers being aggrieved of notification inviting applications for appointment as fair price shop dealers questioned the same on the basis of sub-Clause (iv) of Clause 9 of annexure forming part of the Government Order G.O.Ms.No. 52, CAF&CS(CS.I) Department dated 18-12-2008 which according to the appellants confers a right on a nominated dealer to be converted to a fair price shop dealer. Clause aforementioned may be noticed for ready reference: “Preference shall be given to the hawkers/NRs having license under the APPP (L&Rs) Rules 1980, for selection and appointment as F.P. Shop dealer, while filling up the existing or new F.P. Shop vacancy. All requisite qualifications and guidelines issued by Government from time to time shall be applicable to those hawkers/NRs while converting to F.P Shop dealer subject to full filling the conditions if appointment of F.R.Shop dealers by the N.R/Hawkers who are otherwise eligible for appointment.” Considering the claim of the appellants on the touchstone of the aforementioned clause, the learned single Judge came to a prima facie conclusion that what flows to the appellants is a preferential right and nothing more. While taking this view, the learned single Judge has taken due care of the interests of the appellants by providing that orders of appointment of permanent fair price shop dealers shall be subject to the result of the writ petition, which in our opinion, takes due care of the interests of the appellants, therefore, interference is uncalled for. Dismissed. A request is made before us for directing early listing of the matter. We leave the appellants free to approach the learned single Judge having the roster. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 06-12-2010 K. Shyleshi