IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.15665 of 2003 Between: K. Ramadevi, W/o. late Vijender, occ: Fair Price Shop Dealer, Tirumalagiri (V), Regonda Mandal, Warangal District. ..... PETITIONER AND 1 Sub-Collector, Mulugu, Warangal District. 2 The Joint Collector, Warangal District. 3 The District Collector, (Civil Supplies), Warangal District. 4 Indla Ravi, occ: appointed as Fair Price Shop Dealer Tirumalagiri Village, Regonda Mandal, Warangal 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 to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring that the proceedings in Rc.No.I/3305/2003 dated 4-6-2003 issued by the first respondent in appointing the fourth respondent to Fair Price shop dealer, Tirumalagiri Village in place of the petitioner and order in the Appeal No. 9/2003 dated 11-7-2003 passed by the second respondent in dismissing the appeal filed by the petitioner in confirming the orders of the first respondent are highly arbitrary, bad and illegal and violative of Govt. Memo dated 7-9-93 and consequently direct the respondents 1 to 3 to appoint the petitioner as dealer of F.P. shop Tirumalagiri Village, Warangal District Counsel for the Petitioner: MR.P.PRABHAKAR REDDY Counsel for the Respondent: GP FOR CIVIL SUPPLIES FOR R The Court made the following: Form-NIC-OGS/WP{VEENA} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.15665 of 2003 O R D E R: None appears for the petitioner. It is the case of the petitioner that her husband was appointed as Fair Price Shop Dealer of Tirumalagiri village, Regonda Mandal, Warangal District and while so, he died on 04.08.2000. Thereafter, a notification dated 01.05.2003 was issued for allotment of the said shop in favour of the scheduled caste people. The petitioner also filed an application to consider for appointment of Fair Price Shop Dealer and prior to the notification, she was allowed to function as temporary dealer. But she was not selected. Moreover the Assistant Collector by order dated 04.06.2003, selected and appointed the 4th respondent as Fair Price Shop Dealer of Tirumalagiri village. Aggrieved by the same, the petitioner filed appeal before the Joint Collector, Warangal and the appellate authority rejected the said appeal on the ground that the petitioner being a temporary dealer, has no right to question the notification for filling up the vacancies of fair price shop dealers, as per Rules. The grievance of the petitioner is that she being the wife of the earlier fair price shop dealer, who expired during his tenure, is entitled to continue the dealership and the reservation of the said shop in favour of Scheduled Caste people is illegal and arbitrary. There is no provision for succeeding the fair price shop dealership after the death of the main dealer. The appointment of the fair price dealer is not inheritable and it is for a fixed time subject to renewal of the same from time to time. Once the person in whose favour the dealership was allowed expires, the legal heirs are not entitled for continuance of the dealership. In so far as the reservation of the said shop in favour of scheduled caste people is concerned, no specific grounds have been taken questioning the reservation. Having regard to the facts and circumstances of the case, I am of the opinion that the petitioner being temporary dealer, does not acquire any vested right and it cannot be said that her rights have been affected in any manner. I am of the opinion that the notification and the selection by the Revenue Divisional Officer, which has been confirmed by the Joint Collector, cannot be said as illegal and it does not suffer from any illegality or infirmity warranting interference. Accordingly, the Writ Petition is dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 29.04.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Sub-Collector, Mulugu, Warangal District. 2 The Joint Collector, Warangal District. 3 The District Collector, (Civil Supplies), Warangal District. 4.2CCs to 5.2CD copies