THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.25799 OF 2007 DATED: 25-01-2008 BETWEEN: V. Venkatesulu …Petitioner and The Revenue Divisional Officer, Anantapur, Anantapur District and another … Respondents THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.25799 OF 2007 ORDER: This court ordered notice before admission on 04-12-2007 and granted status quo for a limited period and the same is being extended from time to time. Heard both the counsel. 2. Learned counsel for the petitioner Sri K.Ram Mohan Chowdary, had taken this court through the contents of the affidavit filed in support of the petition and would submit that instead of considering the application of the petitioner for permanent dealership, issuing notification is bad in law. 3. On the contrary, learned Assistant Government Pleader for Civil Supplies would submit that this fair price shop falls under the category of Scheduled caste and this category was fixed in accordance with norms and hence the petitioner has no right at all. 4. This writ petition is filed for a writ of Mandamus to declare the action of the respondent in issuing notification in R.C.NO: D1/CS/2392/2007/ dated NIL/11/2007 signed on 19-11-2007 calling for the application to fill up the fair price shop authorization of shop No.2, Ward No.3, Blocks 1 and 2 in Uravakonda village and Mandal, Anantapur District on permanent basis, without giving notice and without considering the representation of the petitioner dated 15-11-2007 as illegal and unjust and consequently direct the respondent to consider the case of the petitioner on permanent basis. 5. Several facts had been averred in the affidavit filed in support of the petition and a counter affidavit in detail had been filed. A specific stand had been taken in the counter affidavit that this category was fixed only to fill up the short fall of Schedule Caste category and the category thereto had been furnished at Para 2 of the counter affidavit. However, it is stated that the petitioner is having an alternative remedy to file an appeal before the Joint Collector, Anantapur as per Clause 21 of the A.P.S.P.D.S.(Control) Order 2001. 6. In the light of the same, without expressing any opinion on merits and demerits of the writ petition, petitioner is directed to prefer an appeal before the Joint Collector, Anantapur as per Clause 21 of the aforesaid A.P.S.P.D.S.(Control) Order 2001, within a period of two weeks from today. 7. Writ petition is disposed of accordingly. No order as to costs. __________________ P.S.NARAYANA, J. Dated: 25-01-2008 rns