IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20647 of 2008 Between: P.venkatramanamma, Pedda Reddeppa, Kondla Malapalle, Maddinayunipalle Mandal, Mulakuca Cheruvu Mandal, Chittoor District. ..... PETITIONER AND 1 The State of Andra Pradesh, Rep. by its ( Sub- Collector) Revenue Divisional Officer, Madanapalle, Chittoor district. 2 The State of Andra Pradesh, Rep. by its Thahsildar, Mulakuca Cheruvu Mandal, Mulakula Cheruvu, Chittoor District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ of Mandamus declaring the action of the respondents 1 & 2 in non-supply of the essential commodities to the petitioner Fair Price Shop as illegal, improper, unjust, arbitrary, contrary to law and violative of principles of natural justice and further direct the respodents1 and 2 to supply the essential commodities to the petitioner Fair Price Shop so long as his authorisation is subsisting as held by a Full Bench of this Hon'ble Court. Counsel for the Petitioner: MR.MAHADEVA KANTHRIGALA Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 20647 of 2008 O R D E R : This writ petition is ﬁled seeking a declaration that the action of the respondents 1 and 2 in not supplying the essential commodities to the petitioner fair price shop from August 2008 onwards as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as the learned Government Pleader for Civil Supplies appearing for the respondents and perused the material on record. Though no counter aﬃdavit is ﬁled, learned Government Pleader under instructions stated that the petitioner was appointed only on temporary basis and that subsequently the vacancy was notiﬁed and following due process of law, one Nallasani Kiran Prakash Reddy was appointed as dealer of the shop in question on permanent basis vide proceedings dated 11-08-2008 and pursuant thereto, the stocks are being allotted to the said Kiran Prakash Reddy from the month of August, 2008 onwards for distribution among the cardholders. The learned Government Pleader also said that though the writ petitioner also appeared for the interview, she was found to be not qualiﬁed and accordingly she was not selected. The same could not be disputed by the petitioner. Having regard to the admitted fact that a permanent dealer has been appointed in respect of the shop in question, the claim of the petitioner that the commodities should be released to her since her authorization is subsisting is untenable. Once the appointment is made notifying the vacancy, the petitioner who was appointed only on temporary basis cannot claim any right to distribute the commodities. Accordingly, the writ petition is dismissed. No costs. ______________ G. ROHINI, J Date: 29-10-2008 KLP