THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.19465 of 2008 ORDER: 1 The petitioner is appointed as Fair Price Shop dealer on temporary basis for shop No.58 of M.Gollapalli Village, hamlet of Moogavadi, Ramasamudram Mandal, Chittoor District. 2 Initially, when the vacancy of the aforesaid fair price shop arose, by issuing necessary notification, appointment was made. In the selections made by the primary authority, one Mr. K.Ashrafullah was appointed as a dealer to the said shop. Questioning the appointment of said Mr.K.Ashrafullah as a dealer on permanent basis, the 5th respondent herein filed appeal before the 2nd respondent, which was allowed. Aggrieved thereby the said K.Ashrafullah carried the matter by way of revision before the District Collector and also by filing a Writ Petition before this Court, which were dismissed. Thereafter the matter was carried by way of appeal in W.A.No.45 of 1996, which was disposed of by a Division Bench of this Court directing the said Ashrafullah to make a representation before the 2nd respondent herein, while directing to continue the 5th respondent herein as dealer of the aforesaid fair price shop. In the meantime, the authorisation of the 5th respondent was cancelled on the ground of his failure to obtain necessary demand drafts towards the value of the essential commodities for distribution and the petitioner has been appointed as a temporary dealer in his place in the year 2003. When the revision petition filed by K.Ashrafullah was dismissed, apprehending that he will be discontinued, the petitioner approached this court by filing W.P.No.10800 of 2008. This Court disposed of the said Writ Petition with an observation that dismissal of the revision petition filed by Ashrafullah will not have any effect on the authorisation of the petitioner. 3 In this Writ Petition, it is the case of the petitioner that referring to the orders passed by this court in W.P.No.10800 of 2008 and by misconstruing the same, the respondents are taking steps to discontinue the petitioner. 4 At the stage of admission, this Court on 08.09.2008 directed the respondents to continue to release the stocks in favour of the petitioner if the petitioner was holding authorisation as on that date and it is stated across the Bar that in view of the said orders, the petitioner is being continued as temporary dealer. It is the grievance of the petitioner that the impugned order passed by the Revenue Divisional Officer is without giving any opportunity to the petitioner. 5 Though the Writ Petition is of the year 2008, no counter affidavit has been filed on behalf of the respondents. As it is not in dispute that the petitioner was appointed as a dealer on temporary basis, when the appointment of the 5th respondent was cancelled on the ground of his failure to furnish necessary demand drafts towards the value of the essential commodities for distribution, this Court is of the view that there is no reason for the respondents for not appointing a dealer on permanent basis for such a long time and to allow the petitioner who is a temporary dealer for indefinite period. As it is stated that pursuant to the interim orders passed by this court, the petitioner is being continued and in absence of any counter affidavit from any of the respondents, I deem it appropriate to dispose of this Writ Petition directing the 3rd respondent to take steps for appointment of a dealer for shop No.58 of M.Gollapalli Village, hamlet of Moogavadi, Ramasamudram Mandal, Chittoor District on permanent basis, within a period of three months from the date of receipt of a copy of this order. Till such appointment is made on permanent basis, the respondents are directed to continue to supply the essential commodities to the petitioner on the temporary dealership given to her. It is also made clear that if the petitioner applies for dealership on permanent basis, I am sure that the respondents will consider her case keeping in mind the services that are being rendered by the petitioner as a temporary dealer as and when selections are made. 6 Subject to the above directions, this Writ Petition is disposed of. No order as to costs. --------------------------- R.Subhash Reddy, J. 10.11.2011 Kvsn