THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.4581 of 2010 ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies representing the respondents. In this writ petition, the petitioner seeks a mandamus to declare the action of the respondents in not considering his case for appointment as fair price shop dealer in the existing vacancies in terms of G.O.Ms.No.52, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dated 18.12.2008, as illegal and arbitrary. The petitioner holds a valid hawker license for sale of kerosene, in retail. His grievance is that the respondents are not considering his case for appointment as fair price shop dealer in terms of G.O.Ms.No.52, dated 18.12.2008. A perusal of Clause 9(iv) of the annexure to the said G.O. shows that preference shall be given to the hawkers/NRs having license under the APPP (L&Rs) Rules, 1980, for selection and appointment as Fair Price Shop dealer, while filling up the existing or new Fair Price Shop vacancy. Even according to the petitioner, he has not applied in respect of any particular vacancy. In the absence of any notification issued by the respondents and submission of application by the petitioner, this Court cannot grant any relief to the petitioner. However, it is submitted by the learned counsel for the petitioner that after filing this writ petition, the petitioner came to know that the respondents have issued a notification in respect of Shop No.26, Khammam Town. If any such notification is issued, it is open to the petitioner to submit his application seeking appointment as a fair price shop dealer and later, the selection authority shall fill up the fair price shop vacancies after following due procedure and taking into account the Clause 9(iv) of the annexure to G.O.Ms.No.52, dated 18.12.2008. Subject to the above observations, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 26th FEBRUARY, 2010. Note: issue c.c. in five (5) days. kvni