IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 10693 of 2007 Between: G.Hanumantha Chowdary S/o.Sanjeevappa Alamur village, Anantapur Mandal, Anantapur District ..... PETITIONER AND 1 The Revenue Divisional Officer, Anantapur, Anantapur District 2 The Mandal Revenue Officer, Anantapur Anantapur District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order or direction more particularly one in the nature of writ of mandamus declaring the notification issued by the 1st respondent in R.C.No./D1/CS633/2007 dated 7.5.2007 as illegal, arbitrary, and in violation of principles of natural justice and consequently direct the respondents to continue the petitioner as F.P.Shop Dealer of Alamur village, Anantapur Mandal and District and pass Counsel for the Petitioner:MR.GANDURI NAGESWARA RAO (N.P) Counsel for the Respondents: ASST. GP FOR CIVIL SUPPLIES The Court made the following : O R D E R: This writ petition is filed for a Writ of Mandamus to set aside notification dated 07-05-2007 whereby respondent No.1 called for applications for appointment of fair price shop dealer in respect of Alamur Village, Anantapur Mandal and District. At the hearing, none appeared for the petitioner. Therefore, the writ petition is liable to be dismissed in default. Even otherwise, the same deserves to be dismissed on merits. On account of existence of a vacancy caused by the death of the regular fair price shop dealer, the petitioner was appointed on temporary basis as the dealer of Alamur fair price shop for a period of six months vide proceedings dated 23-01-2007 issued by respondent No.1. Subsequently, respondent No.1 issued notification dated 07-05-2007 inviting applications from the persons belonging to B.C (general) for appointing the fair price shop dealer on permanent basis. This notification is assailed in this writ petition by the petitioner on the ground that in order to appoint a person of the choice of the local political leaders, the shop is reserved for B.C category while all through persons belonging to O.C category were appointed as fair price shop dealers in the past. Respondent No.1 filed a counter-affidavit in which the above mentioned allegations of the petitioner were denied and it is mentioned that as per guideline No.7 of G.O.Ms.No.53, dated 06-10-2003, reservation in respect of S.C, S.T, P.H.C and B.C categories are required to be followed at 15%, 6%, 3% and 25% respectively in appointing fair price shop dealers, that as per guideline No.7.3, the appointing authority shall maintain percentage of reservation prescribed by the Government at Divisional/Circle level on overall basis of the strength of the reservations provided by treating the entire Revenue Division/Circle as a Unit. He gave a statement in the counter giving the details of number of shops to be allotted to each of the four reserved categories and according to the said statement as against 225 shops reserved for B.C category candidates, 221 shops were already allotted. Respondent No.1 contended that in order to fill the shortfall in the B.C category, the fair price shop of Alamur Village was notified for B.C (general) category. The petitioner did not file any reply-affidavit controverting the above mentioned allegations. Since the explanation submitted by the respondents is found reasonable and rational, I do not find any reason to invalidate the impugned notification. For the aforementioned reasons, the writ petition is dismissed. As a sequel to dismissal of the writ petition, interim order dated 05-06-2007 is vacated and WPMP No.13446 of 2007 is dismissed. _____________________ C.V.NAGARJUNA REDDY,J Date:05-03-2008 vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Revenue Divisional Officer, Anantapur, Anantapur District 2 The Mandal Revenue Officer, Anantapur Anantapur District 3 2CCs to Assistant Government Pleader for Civil Supplies 4 2CD copies Form-NIC-OGS/WP{TRK}