IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 10544 of 2004 Between: 1 Inala Subba Rao S/o. Nageshwara Rao R/o. E-32, Chinakara Agraharam, vill: Bandaru mandal, Krishna District. 2 Panchakarla Lakshmana Babu S/o. Purnachander Rao R/o. 3-43, Chinakara Agraharam, vill: Bandaru Mandal, Krishna District. ..... PETITIONERS AND 1 The District Collector, Machilipatnam, Krishna District. 2 The Revenue Divisional Officer, Bandar, Krishna District. 3 The Mandal Revenue Officer, Bandar Rural Mandal, Krishna Distirct. 4 The Joint Collector, Machilipatnam, Krishna 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 issue a Writ, order or direction more particularly one in the nature of writ of mandamus declaring the proceedings of the 2nd respondent in Rc. K. 3177/2002 dt. 14.6.2004 and its consequential proceedings of the 3rd respondent in RC. A.No. 199/2004 dt. 15.06.2004 thereby allotting the Fair Price Shop No. 79 of chinakara Agraharam vill to the O.C. category in stead of physically handicapped category as was notiﬁed in the earlier notiﬁcation Rc. K. 3177/2002 dt. 4.7.2003 as arbitrary, illegal and against the principles of natural justice and consequently direct the respondents to ﬁll up the Fair Price Shop of Chinnakkara Agaraharam vill, Bandar Mandal, Krishna District under Physically handicapaped category . Counsel for the Petitioner:MR.B.SOMASEKHAR Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.10544 of 2004 ORDER: The two petitioners are residents of Chinakara Agraharam, Bandaru Mandal, Krishna District. Aggrieved by the notiﬁcation issued by the second respondent inviting applications from eligible candidates for granting permanent authorization of Fair Price Shop (FPS) Dealership of the Village, they ﬁled the present Writ Petition. Their contention is that FPS Dealership should be reserved for persons who are physically challenged in respect of O.C. Category. It is brought to the notice of this Court that though there was an interim order passed by this Court on 24.06.2004, subsequently by an order, dated 21.04.2006, this Court vacated the interim order. Learned Assistant Government Pleader for Civil Supplies also submits that pursuant to the notiﬁcation, a FPS Dealer was appointed. In that view of the matter, at this point of time, the validity of the impugned notice cannot be gone into. If the petitioners are aggrieved by the appointment/authorization of any person as FPS Dealer, it is open to them to prefer an appeal under Clause 20 of the Andhra Pradesh State Public Distribution System (Control) Order, 2008. The Writ Petition is accordingly disposed of. No costs. ____________ (V.V.S.RAO, J) 25.09.2008 GJ