HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.31772 of 2011 Date: December 02, 2011 Between: Sk. Khadar Baba … Petitioner And 1. The District Collector, Khammam District, Khammam & 3 others. … Respondents * * * HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.31772 of 2011 O R D E R: The petitioner, who is a kerosene hawker, seeks a writ of Mandamus directing the respondents to bifurcate the fair price shop of respondent 4 and appoint him as dealer to the said shop by considering his representations dated 19.8.2011 and 22.10.2011. 2. The petitioner states that 2500 ration cards were attached to the fair price shop of the 4th respondent which are in excess as per the orders of the State Government issued in G.O.Ms.No.35, Consumer Affairs Food & Civil Supplies (CS-1) Department, dated 17.9.2007. According to him he is entitled for being appointed on preferential basis if the fair price shop is bifurcated creating a new shop. 3. I am unable to accept the contention; firstly, the petitioner has no legal right to compel the respondents to bifurcate the existing shop. The necessity or otherwise of bifurcating an existing shop depends upon several factors which are within the domain of the authorities. In a given case, it may be necessary to attach more number of cards having regard to the proximity and access of the cardholders to the shop. Yet another case, a dealer may require more number of cards in order to make the business viable. Even the said G.O.Ms.No.35 has stipulated only the minimum but not the maximum number of cards in the case of shops located in municipalities/erstwhile taluk headquarters and mandal headquarters. 4. Secondly, even though the petitioner is entitled to preferential treatment being a licensed hawker, he cannot seek to compel the respondents for his appointment as fair price dealer. The petitioner’s claim for preferential treatment would arise only when steps are taken for appointing a dealer. In the aforesaid circumstances, there is no corresponding obligation on the respondents to consider the representations of the petitioner. 5. The writ petition is devoid of merits and is accordingly dismissed. No order as to costs. __________________ NOUSHAD ALI, J. Date: December 02, 2011. BSB