IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 11820 of 2005 Between: M. Prabhakar Rao, S/o. M. Bheemudu R/o. 32-30-17, 1st Mayor Street, Maruthinagar, Vijayawada-4 ..... PETITIONER AND 1 Joint Collector, & Addl. District Magistrate, Krishna District. 2 Commissioner of Civil Supplies, Hyderabad. .....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 a writ of Mandamus, or any other appropriate writ, order or direction, directing the first respondent to implement the instructions vide proceedings C C S Ref.No. PDS/493/04, dt. 25-10- 2004 and further direct the first respondent not to attach any Kerosene Hawkers to the petitioner's Fair Price Shop Vide No.127, #4-4/1-5, Raja Rayapa Raju Veedhi, Chitinagar, Vijayawada and pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.C.RAGHU Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following: Form-NIC-OGS/WP{VSMI} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11820 of 2005 O R D E R: The petitioner is the authorized dealer of Fair Price Shop No.127, Cricle-I, Chittinagar, Vijayawada. He is also having the kerosene licence No.1/2004 to purchase and sell the kerosene in retail in his fair price shop. Thus, the petitioner has been distributing various commodities including kerosene. While so, the 1st respondent-Joint Collector, Krishna District issued proceedings in Rc.A1.631/2004, dated 27.08.2004 accepting the proposals of the Assistant Supply Officer, Circle-I & II of Vijayawada, proposing to shift the kerosene hawkers from existing fair price shop to another fair price shop within the jurisdiction of Assistant Supply Officer, Circle-1 and Assistant Supply Officer, Circle-II, Vijayawada area as indicated in the Annexures-I and II of the said order. As per Annexure-II, two kerosene hawkers from the jurisdiction of some other fair price shops have been shifted and allotted to the fair price shop of the petitioner. The petitioner questions the said order of the Joint Collector, contending that as per the circular of the Commissioner of Civil Supplies, dated 25.10.2004, shifting of hawkers from one area to another area is against the policy of the Government and the Collector, Krishna was requested to get enquire into the said shifting of the hawkers from one fair price shop to another fair price shop. A counter has been filed stating that during the month of November, 2003, the Government has taken a decision for issue of new ration cards to the eligible BPL families for distribution of rice and accordingly, 25,500 white cards were distributed in Vijayawada city in addition to the existing white cards. Since some of the existing fair price shop dealers are having small quantities of rice allotment, it has been decided to rationalize its allotment of rice among the fair price shop dealers by allotting new cards. After rationalization, 15 new fair price shops were created in Vijayawada city where there were excess new white cards. Out of 15 shops, 4 fair price shop dealers whose allotment was meager were transferred to newly created fair price shops on the representation made by the fair price shop dealers. The remaining 11 shops were notified and new fair price shop dealers were appointed and the petitioner is one of such newly appointed fair price shop dealers. It is further stated that in the month of July, 2004 it has been decided to supply kerosene for new cards within the district allotment being made up to June, 2004. As per the instructions of the Commissioner of Civil Supplies, vide his D.O.Letter dated 17.06.2004, since no additional allotment was made by the Government to meet the requirement for new cards, the scale of distribution has been revised by reducing the scales. When the scale of distribution is reduced, there was shortfall even in their regular allotment in respect of certain hawkers. Similarly, as rationalization was done in distribution of rice and sugar by creating new fair price shops, keeping in view the economic viability of hawkers, the allocation of kerosene was also rationalized among existing hawkers, but no new hawkers were appointed. The existing hawkers who were in economically viable have been shifted and attached to the newly created fair price shops under rationalization at Vijayawada city. Accordingly, the impugned orders have been passed by the Joint Collector to streamline the entire distribution of kerosene oil by way of shifting of hawkers from one area to another area, and accordingly proposals were sent to the Commissioner of Civil Supplies. In the meanwhile, on a representation made by the fair price shop dealers association, the Commissioner requested the Collector (Civil Supplies), Krishna to get the matter enquired and send a report vide his proceedings dated 25.10.2004. It is stated that the Joint Collector did not deviate the instructions of the Commissioner, Civil Supplies and he followed the orders of the Government in G.O.Ms.No.64, CA, F&CS (CS-I) Department dated 08.11.2003, and due to rationalization of household supply cards in Vijayawada city, the impugned action has been taken in relation to shifting of hawkers from one area to another area. Heard on either side and perused the material available on record. The question that arises for consideration in the present writ petition is whether the petitioner has got any approved right to distribute the kerosene within the area of his fair price ship, preventing the Government or others for sale of kerosene. Admittedly, the fair price shop authorization was granted to the petitioner under the provisions of A.P.State Public Distribution System Control Order, 2001 (hereinafter referred to as “Control Order”). “Authorized Fair Price Shop” means a retail dealer appointed or authorized or approved by or on behalf of the State Government and includes a shop set up by the State Government or a State Government undertaking or a Corporation wholly owned by the State Government or a Cooperative Society for the benefit of Scheduled Castes or Scheduled Tribes under a Government Scheme under Clause (5) for sale of all or any of the Schedule Commodities. As per the explanation, the authorized dealer is entitled for supply of those commodities for the purpose of the Control Order unless otherwise directed by the State Government of the Collector concerned. The ‘Collector’ means the District or the Joint Collector of the District. The “Scheduled Commodity” means any commodity specified in the schedule to the Control Order, which is supplied by the State Government or to any authorized fair price shop or establishment for issue to the consumers. Under Clause-5 of the said Control Order, the dealers are appointed for the purpose of controlling and ensuring proper distribution of scheduled commodities owned by the State Government. Any authorization is valid till the Government undertakes to run the fair price shop by it or through any other Government undertaking or Corporation. It is also open for the State Government in the public interest to replace all or any of the fair price shop dealers and entrust the distribution through a shop set up by the State Government or Corporation. The learned Government Pleader appearing for the respondents submits that the petitioner has no vested right or monopoly to distribute kerosene and therefore, the order passed by the Joint Collector attaching two kerosene hawkers to the ration card holders of the petitioner cannot be said as illegal or arbitrary. “Supply Card” or “Ration Card” means a household foodgrains card or any other card permit or other document issued or made available under the provisions of the Control Order for obtaining of supplies of all or any of the Scheduled Commodities. A perusal of the control order goes to show that there is no assurance given to the petitioner that no other kerosene hawker is entitled to supply the kerosene to the cardholders of the petitioner. In fact, while dealing such contentions, the Division Bench of this Court in the case of Manda Visweswara Rao and others v. D.Venkateswara Rao[1] while considering Clause-5 of the said Control Order under definition of “Authorised Fair Price Shop” and the explanation, held that as could be seen from the definition of the term “Authorised Fair Price Shop” it is permissible for the Government and the Government authorities to sell all or any of the scheduled commodities through authorized fair price shops. There is no obligation on the part of the Government to sell all scheduled commodities to cardholders or consumers through the fair price shops. There is no statutory bar for the Government authorities to grant licences to kerosene hawkers to distribute kerosene to the consumers. There is no such bar under the statute or in any orders issued by the Government from time to time. If that be so, I am of the opinion that the petitioner has no vested right or legal right to question the action of the Government in shifting two kerosene hawkers for distribution of the kerosene to the cardholders attached to the fair price shop of the petitioner. In view of the aforesaid observations, I do not find any merit to allow the writ petition. The Writ Petition is, accordingly, dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 02.07.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Joint Collector, & Addl. District Magistrate, Krishna District. 2 Commissioner of Civil Supplies, Hyderabad. 3.2CCs to 4.2CD copies [1] 2002 (2) ALD 659 (DB)