HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.638 of 2007 Date : 12-2-2008 Between: P.V.S.A.N. Gupta s/o.late Appala Raju and another .. Petitioners and The Government of A.P., represented by its Commissioner, Civil Supplies Department, Civil Supplies Bhavan, Somajiguda, Hyderabad and another .. Respondents HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.638 of 2007 ORDER: 1. This Court issued rule nisi on 5-1-2007 and granted interim direction in W.P.M.P.No.793 of 2007. 2. W.V.M.P.No.1740/2007 is filed to vacate the said interim direction. 3. Heard Sri Devanand, the learned Counsel representing the writ petitioners and the learned Assistant Government Pleader for Civil Supplies. 4. The Writ Petition is filed for a writ of mandamus declaring the action of the 2nd respondent in taking steps to fill the vacancies of F.P.Shop No.22, Dondaparthi, Circle-1 area, Visakhapatnam and F.P. Shop No.300, Gajuwaka Circle-III, Visakhapatnam dated 29-6-2005 and dated 18-10-2005 as against the principles of natural justice and violative of Article 21 of the Constitution of India and consequently to direct the respondents to consider the cases of the petitioners for appointment as Fair Price Shop Dealers as L.Rs. of the deceased dealers and to pass such other suitable orders. 5. It is stated that the petitioners are the legal representatives of the deceased Fair Price Shop Dealer of Shop No.22 of Dondaparthi, Circle-I, Visakhapatnam City and Shop No.300 of Gajuwaka, Circle-III, Visakhapatnam City. It is also stated that the writ petitioners that their respective fathers who were working as Fair Price Shop Dealers died recently and the petitioners submitted representations to the authorities to consider their cases to transfer the Fair Price Shops authorization in their favour. But, the same is being delayed on the ground that the 1st respondent has to receive remarks from the District officials with regard to transfer of authorization in favour of the legal representatives. The 1st respondent, it is stated, is considering the issue of transfer of authorization of the deceased dealers in favour of their legal representatives. The 2nd respondent without waiting for the decision of the 1st respondent is taking steps to fill up the vacancies of the Fair Price Shops caused due to the deaths of the fathers of the writ petitioners. 6. In W.V.M.P.No.1740/2007, several averments had been denied and specific stand had been taken that the same is impermissible under the control orders. 7. The circular CCS Circular Ref.No.N5/10045/2005 dated 27-11-2007 is placed before this Court wherein the Commissioner of Civil Supplies specified that after careful consideration of the matter, it is ordered that the legal representatives of the Fair Price Shop Dealers have no right to be appointed as Fair Price Shop Dealers as per Clause 5(iv) of A.P. Public Distribution System (Control) Order 2001 authorization is not transferable. The Counsel for writ petitioners prays for permission to question the same. 8. Accordingly, liberty is given to the writ petitioners to question the said proceedings if the writ petitioners are so advised. The Writ Petition is accordingly disposed of. No costs. _________________ Justice P.S.Narayana Date : 12-2-2008 AM