IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 531 of 2005 Between: T. Varada Rajulu, S/o. Hanumanthappa, Permanent Fair Price Shop Dealer, Hulkera (Pulacherla), Kanekal Mandal, Anantapur District. ..... PETITIONER AND 1 The Joint Collector, Anantapur District, Anantapur. 2 The Revenue Divisional Officer, Dharmavaram Division, Dharmavaram Town, Anantapur District. 3 The Mandal Revenue Officer, Kanekal Mandal, Anantapur 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 issue any Writ, Order or Direction, Order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in declaring vacancy in Hulekara Village of Knekal Mandal when the petitioner is the permanent dealer of the village as arbitrary, illegal, unjust and contrary to rules and set-aside the same and pass other order or orders. Counsel for the Petitioner:MR.INENIVENKATA PRASAD Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court at the admission stage made the following : ORDER: The petitioner claims to have been appointed as a Dealer about 30 years back. According to him, he suffered ill-health in the month of December, 2001 and intimated respondents 2 and 3 about his inability to function as dealer for few months. It is his case that the neighbouring dealer was kept in-charge at his request. The petitioner also contends that he recovered from ill-health in the Month of February, 2002 and when he approached respondents 2 and 3, for restoration of supplies to him, no action has been taken thereon. The present grievance of the petitioner is that even while the authorization in his favour is subsisting, the 2nd respondent issued a notification inviting applications for appointment of a fair price shop dealer on regular basis for that very shop. He seeks appropriate directions in this regard. Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies. According to the petitioner, the authorization in his favour is still subsisting and it is neither cancelled nor suspended. The petitioner placed before this Court, a copy of the proceedings dated 16.06.2004, wherein the District Collecotr, Anantapuram, directed the 2nd respondent to verify the status of the petitioner as fair price shop dealer, before taking any steps to appoint another dealer on regular basis. No action is said to have been taken thereon. Even assuming that the petitioner did not function as Dealer for quite a considerable length of time, the question of appointing another dealer would arise, if only the authorization in his favour is cancelled. Hence, the writ petition is disposed of, directing that the 2nd respondent shall examine and verify as to whether the dealership in favour of the petitioner is still subsisting and in case it is not cancelled as of now, he shall not proceed with the appointment of fresh dealer. In the event the dealership in favour of the petitioner is subsisting, the 2nd respondent shall consider the feasibility of restoring the supply in favour of the petitioner or to initiate such proceedings as are permissible in law. The same shall be completed within two months from the date of receipt of this order. There shall be no order as to costs. __________ 31.01.2005 Jsu To 1 The Joint Collector, Anantapur District, Anantapur. 2 The Revenue Divisional Officer, Dharmavaram Division, Dharmavaram Town, Anantapur District. 3 The Mandal Revenue Officer, Kanekal Mandal, Anantapur District. 4 Two CCs to G.P. for Civil Supplies, High Court of Andhra Pradesh, Hyderabad (OUT). 5 Two CD copies.