* IN THE HIGH COURT OF DELHI AT NEW DELHI 22 + WRIT PETITION (CIVIL) No. 808 of 2009 CM SAI RAM STORE Petitioner Through: Mr. Yogesh Kumar, Advocate versus COMMISSIONER OF FOOD & SUPPLIES DELHI & ANR Respondents Tlirough: Mr. Rohit Madan with Mr. Arvind Gopal, Advocate CORAM : JUSTICE S. MURALIDHAR ORDER % 08.04.2010 CM APPLNo. 1767/2009 Exemption allowed subject to all just exceptions. The application is disposed of. WP (Civin No. 808/2009 1. The grievance of the Petitioner is that he has not been issued a licence for running a Fair Price Shop ('FPS') in the notified area of Meet Nagar, Delhi in Circle 46. 2. In the counter affidavit filed on behalf of the Respondents, a reference is made to a Circulardated 30^ May 2008 issuedby the DepartmentofFood Supplies & Consumer Affairs deciding to freeze the number of FPSs and Kerosene Oil Depots ('KODs') as of that dat::sri'he said circular noted that as per the prescribed norms, around 561 FPS and 1144 KODs are in excess. \ \N.P. (Civil)No.808/2009 Rape1 of2 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 3. In view of the above factual position, this Court fails to appreciate how a mandamus can be issued to the Respondents to allot an FPS to the Petitioner even if he is otherwise eligible. 4. As and when the situation changes and the aforementioned circular is modified or withdrawn, the Petitioner's case can be considered by the Respondent in accordance with law. 5. The petition is disposed of. S. MURALIDHAR, J. APRIL 8,2010 rk W.P. (Civil)No.808/2009 Page 2 of 2