IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.27193 of 2008 Between: Smt.M.Syamalamma, W/o.late Venkata Raja, Aged about 38 years, R/o.Chittamur Village, Sri Potti Sriramulu Nellore District … Petitioner And The District Collector (Civil Supplies), Sri Potti Sriramulu Nellore District, Nellore, and three others … Respondents Order: This writ petition is filed seeking Mandamus declaring the action of the respondents in not considering the case of the petitioner for appointment as Fair Price Shop Dealer of Chittamur Village, Chittamur Mandal, Nellore District on permanent basis as illegal and arbitrary while questioning proceedings Rc.No.1005/08 dated 05-12-2008 issued by the Revenue Divisional Officer, Gudur, Sri Potti Sriramulu Nellore District. The husband of the petitioner by name Sri M. Venkata Raja was appointed as Fair Price Shop Dealer of Chittamur Village, vide authorization No.160/3712/2002, by proceedings dated 20-02-2003. While holding authorization, he died; as such, the petitioner, who is his wife, was appointed as temporary dealer for the said shop. While things stood thus, to fill up the vacancy on permanent basis, impugned notification, dated 05-12-2008, is issued inviting applications in response to which the petitioner has also submitted her application. At that stage, she filed this writ petition on the ground that though the petitioner is eligible and qualified, the respondents, without considering her claim for appointment on permanent basis in place of her late husband, issued the impugned notification calling for applications. As per the provisions of the A.P. Public Distribution System (Control) Order, 2008, a Control Order framed under the Essential Commodities Act, 1955 and the guidelines issued by the Government, whenever a vacancy arises, it has to be filled up only by inviting applications from eligible persons. Merely because the late husband of the petitioner was the permanent dealer for the fair price shop of Chittamur village, the petitioner will not have any right to be considered for appointment in place of her late husband. In absence of any such condition in the authorization granted to the late husband of the petitioner, the petitioner cannot claim preference over the rest of eligible applicants. In that view of the matter, no relief as sought can be granted. However, as it is stated in the affidavit filed in support of the writ petition that the amount derived from the fair price shop is the only source of livelihood to the petitioner, I am sure, the respondents will consider the application of the petitioner, pursuant to the impugned notification, along with the applications of other eligible candidates, keeping in mind the earlier authorization held by the late husband of the petitioner and the temporary dealership of the petitioner. It is made clear that till a permanent dealer is appointed to the shop in question, the petitioner shall be continued as temporary dealer. The writ petition is accordingly disposed of. No order as to costs. ___________________ (R. SUBHASH REDDY, J) October 20, 2010 MRR