IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6543 of 2008 Between: Durgasi Jagannadha Rao … Petitioner AND The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District. … Respondent Counsel for the petitioner : Sri B. Devanand Counsel for the respondent : AGP for Civil Supplies This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6543 of 2008 ORDER:- This writ petition is filed for a writ of mandamus to declare the action of the respondent in reserving shop No.13 of Tagarapuvalasa Village, Bheemunipatnam Mandal, Visakhapatnam District to Scheduled Caste (for short, ‘SC’) category as per notification Rc.No.1248/08/C dated 12.03.2008, as illegal, arbitrary and unconstitutional. Heard Sri B. Devanand, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies and perused the record. In the impugned notification, the abovementioned shop is reserved for SC candidates. The petitioner referred to G.O.Ms.No.53 dated 06.10.2003 under which the revenue division was taken as a unit, 15% reservation shall be provided to the candidates belonging to SC category and averred that under the Visakhapatnam Revenue Division, there are 657 shops out of which, the reservation for SC category would works out to 99 and the said quota was already filled with 99 candidates belonging to SC category working as fair price shop dealers. Learned counsel for the petitioner, on the basis of these averments contained in the affidavit, submitted that since the quota for the SC candidates is already filled, the impugned notification, whereby the shop in question is reserved for SC category is in violation of G.O.Ms.No.53 dated 06.10.2003. At the hearing, learned Assistant Government Pleader for Civil Supplies placed before me fax message dated 31.03.2008 addressed by the respondent to the Government Pleader for Civil Supplies, wherein he mentioned as under: “In pursuance of the WP.No.6543 of 2008 filed by Durgasi Jagannadha Rao, Rajaveedhi, Tagarapuvalasa, Bheemunipatnam before the Hon’ble High Court contending that the Revenue Divisional Officer, Visakhapatnam has notified F.P. shop vacancies meant for SCs over and above the percentage ear marked for SCs and as per the instructions of the Assistant Government Pleader (Civil Supplies) over phone today i.e., 31.03.2008, the following is the information in respect of the Total No. of FP shops, existing percentage of SC F.P. shop dealers, and No. of F.P. shop vacancies notified for SCs in Visakhapatnam Division in Rc.No.1248/2008/C dated 12.03.2008 as per G.O.Ms.No.53 Consumer Affairs, Food and Civil Supplies (CSI) Department, dated 06.10.2003. Total No. of F.P. shops in Visakhapatnam division Percentage of FP shop vacancies to be earmarked for SCs in Visakhapatnam division as per above G.O. No. of existing FP shop dealers and percentage of SC FP shops dealers in Visakhapatnam Division No. of FP shop vacancies now notified for SCs in Visakhapatnam Division 1 2 3 4 650 SCs – 15% Existing SC FP shop dealers – 94 Percentage – 14% SCs - 05 As seen from the above, it is clear that no SC F.P. shop vacancies have been notified over and above the percentage of vacancies reserved for SCs and thus the existing SC FP shop dealers and FP shop vacancies now notified for SCs is within the 15% of the total strength of the FP shop dealers in Visakhapatnam division. It is, therefore, requested to apprise above position before the Hon’ble High Court during hearing of the case in WP.No.6543 of 2008 filed by Durgasi Jagannadharao, Tagarapuvalasa Village in Bheemunipatnam Mandal and see that the said writ petition is dismissed at the stage of admission itself.” If the contents of the fax message are taken as correct, reservation of shop No.13 of Tagarapuvalasa Village, Bheemunipatnam Mandal, Visakhapatnam District, does not violate G.O.Ms.No.53 dated 06.10.2003. Learned counsel for the petitioner, who had seen the said fax message, submitted that in view of the instructions given by the respondent to the learned Government Pleader, the writ petition may be closed with liberty to the petitioner to file a review petition, if the information contained in the fax message is found to be incorrect. On this premise, the writ petition is dismissed with liberty in terms of the prayer made by the learned counsel for the petitioner. As a sequel to dismissal of the writ petition, WPMP.No.8538 of 2008 filed by the petitioner for interim relief is also dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 01.04.2008 ES