IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 113 of 2009 Between: 1 P.Ramulu S/o.Kistaiah Akkannapet village Ramayampet Mandal Medak District 2 M.Nagabhushanam S/o.Narayana Akkannapet village Ramayampet Mandal Medak District ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Civil Supplies Department, Secretariat, Rep by its Secretary Hyderabad 2 The Revenue Divisional Officer, Medak,Medak District 3 The Tahasildar, Ramayampet, Medak District .....RESPONDENT(S) 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 any appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the Notification No.J/3840/2008 dated 18.12.2008 of the 2nd respondent herein as illegal, arbitrary, and violation of principles of natural justice and against the guidelines framed in G.O.Ms.No.35 dated 17.9.2007 and set aside the same and consequently direct the respondents not to create or establish the 3rd shop at Akkannapet village, Ramayampet Mandal Medak District and pass Counsel for the Petitioner:MRCH.JANARDHAN REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No. 113 OF 2009 ORDER: The petitioners questioned the notification issued by the Revenue Divisional Officer, Medak with regard to allotment of Fair Price Shop dealership No.3 Akkannapet village, Ramayampet Mandal, Medak District. It is stated that the dealership of the Fair Price Shop fallen vacant and therefore to fill up the vacancy a notification dated 18-12-2008 vide Notification No. J/3840/2008 has been issued calling applications from the eligible candidates. It is stated that the petitioners have been given Fair Price Shops I and II at Akkannapet village. It is the case of the petitioners that issuance of the said notification is contrary to the guidelines issued in G.O.Ms. No. 35 dated 17-9-2007 and without following due procedure prescribed and without giving the notice the issuance of the Notification is illegal and arbitrary. I am of the view that the petitioners are holding dealership in respect of the Fair Price Shop Nos. 1 and 2, but not in respect of the Shop No.3. With regard to Shop No. 3 of Akkannapet, Ramayampet Mandal, Medak District is concerned the petitioners have no say in the matter and therefore, by issuance of the said notification it cannot be said that existing rights or vested rights of the petitioners are infringed. The petitioners have no fundamental rights or any vested rights to supply the essential commodities through Fair Price Shop No.3 which is not a newly created or bifurcated shop and therefore, the petitioners are not entitled to agitate that the notification issued with regard to Fair Price Shop No.3 as illegal and arbitrary and that it should be allotted to them only. Writ petition is accordingly dismissed. No order as to costs. _____________________ Justice V. Eswaraiah 7th January, 2009. KM THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No. 113 OF 2009 7th January, 2009.