IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 15969 of 2003 BETWEEN: Smt. Solasa Govardhana, W/o late Mohan Rao, R/o 11th Ward, Macherla, Guntur District. ... PETITIONER AND 1 The Joint Collector, Guntur District, Guntur. 2 The Revenue Divisional Officer, Narasaraopeta, Guntur District. 3 The Mandal Revenue Officer, Macherla, Guntur 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 may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to the notification dated 16- 6-2003 of the 2nd respondent, examine and quash the same as without jurisdiction, illegal and arbitrary and consequently direct the respondents to consider the representation dated 26-6-2003 of the Writ petition and pass such other order or orders. Counsel for the Petitioner: MR.S.JAGADISH Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER: Petitioner submits that her husband – Mohan Rao, was the authorized fair price shop dealer in the 13th Ward of Macherla Town, Guntur District; the licence being granted in his favour in the year 1990 by the Revenue Divisional Officer, Narasaraopeta and the same was renewed from time to time. While so, he died on 01.05.2003 leaving behind the petitioner and two children. The petitioner belongs to OC community. While so, the second respondent issued the impugned notification dated 16.06.2003 for appointment of permanent dealer reserving the dealership to SC candidates. The petitioner made a representation dated 26.06.2003 to the first respondent marking a copy to the second respondent requesting him to consider her case for grant of licence to run fair price shop. Petitioner submits that the SC population is very less in the 13th ward of Macherla Town but only to deprive her claim it is alleged that the said shop was reserved for SC category. 2. The reservation applies for appointment of fair price shop dealers in respect of SCs, STs and BCs, whether the reservation in favour of SCs existed or not and whether there was any extraneous consideration in reserving the said dealership to SC candidate, are matters to be considered by the authorities. However, no counter is forthcoming. 3. Having regard to the facts and circumstances of the case, the first respondent is directed to consider the representation of the petitioner dated 26.06.2003 and pass appropriate orders in accordance with law. If the representation of the petitioner is not acceptable, the candidate, who was selected pursuant to the notification dated 16.06.2003 may be appointed as fair price shop dealer and if the petitioner’s representation is considered on the ground that the said shop ought not to have been reserved for SC category, re-notification may be issued in accordance with law and the entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 24, 2008 DSK