IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 24824 of 2009 Between: Venkata Krishna Tumu. .. PETITIONER AND Government of Andhra Pradesh, Civil Supplies Department, rep. by its Commissioner of Civil Supplies, Civil Supplies Buildings, Hyderabad and others. .....RESPONDENTS ORDER: The petitioner’s mother was appointed as fair price shop dealer of shop No.17 of Itempudi Village of Iragavaram Mandal of West Godavari District and her authorization is valid up to 31.03.2010. As the petitioner’s mother died on 20.08.2008, the respondent authorities permitted the petitioner to carry on the said business. The Government issued guidelines vide proceedings CCS Reference No.N5/10045/2005 dated 29.06.2005, wherein a provision is made for issuance of authorization to the legal representations of the deceased. Therefore, the petitioner gave a representation, dated 10.09.2008, to respondents 1 and 2 requesting to appoint him as fair price shop dealer of the said fair price shop. Instead of considering the case of the petitioner, the respondent authorities issued a notification, dated 05.11.2009, calling for applications from the eligible candidates for appointment of fair price shop dealer of shop No.17. The same is questioned in this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. The Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 (for short ‘the Order’) came into existence w.e.f. 19.05.2008 and with the advent of the said order, the earlier circular and proceedings are not in existence. Clause 5 of Sub-clause 12 of the Order reads as follows; “In the event of the death of the Fair Price Shop Dealer/Nominated Retailer/Hawker, the authorization issued shall stand cancelled and the legal heirs of the deceased are not entitled to transfer of authorization”. In that view of the matter, this Court is of the view that the petitioner cannot place reliance on the proceedings dated 29.06.2005 issued by the Government. Therefore, I see no merits in this writ petition. As the respondent authorities have issued a notification, dated 05.11.2009, the petitioner is hereby directed to make an application for appointment as fair price shop dealer and on such application being filed, the respondent authorities may consider the same along with others taking into consideration of the authorization of his mother. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. __________________________ GOPALA KRISHNA TAMADA, J Date:17.11.2009 SJ