THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1431 OF 2011 DATED:28.12.2011 Between: Sk. Khadar Baba … Appellante And The District Collector Khammam District, Khammam and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1431 OF 2011 JUDGMENT: (per the Hon’ble the Chief Justice Shri Madan B. Lokur) The appellant is aggrieved by an order dt.2.12.2011 passed by a learned single Judge in W.P. No.31772 of 2011. 2. The appellant is a kerosene hawker. He made representations to the respondents to split up the fair price shop bearing No.03091 at Khanapuram (Haveli), Khammam Town, Khammam District. 3. According to the appellant, the fair price shop was dealing with more than 2,500 ration cards. In term of G.O. Ms. No.35, dated 17.9.2007 the fair price shop should be split up and after splitting up, an allotment has to be made in favour of the appellant. 4. We have gone through the G.O. Ms. No.35, dated 17.9.2007 and it shows that in urban areas the number of Iris based ration cards attached to each fair price shop should be 500 to 550 BPL and 250 Pink cards in Municipalities and erstwhile Taluk Headquarters. 5. There is nothing on record to suggest that the more than 2,000 cards referred to by the appellant were Iris based ration cards. Therefore, ex facie, G.O. Ms. No.35 dt.17.9.2007 is inapplicable. 6. We also find that the learned single Judge has come to the conclusion that the appellant has not made out any right for being allotted a fair price shop even after the split. Before us also, nothing has been placed to show the entitlement. All that can be said is that the appellant may be entitled to preferential treatment but that does not mean that the fair price shop must be allotted to him alone. 7. We find no merit in this writ appeal. 8. The writ appeal is accordingly dismissed. Miscellaneous application is also dismissed. __________________ MADAN B. LOKUR, CJ _______________ SANJAY KUMAR, J 28-12-2011 bnr