IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.20642 OF 2006 Between: Sri Bhagya Lakshmi Mahila Sakti Sangham, Someswaram Village, Rayavaram Mandal, East Godavari District, rep. by its President. … Petitioner AND The Sub-Collector, Rajahmundry, East Godavari District and two others. … Respondents This Court made the following: O R D E R: This Writ Petition is filed by Sri Bhagya Lakshmi Mahila Sakti Sangham, Someswaram Village, Rayavaram Mandal, East Godavari District, a DWCRA Group, challenging the proceedings dated 05-07-2006 of the Sub-Collector, Rajahmundry, East Godavari District – first respondent herein, appointing the third respondent herein on temporary basis as the Fair Price Shop Dealer for Shop No.11 of Someswaram Village, on the recommendation of the Mandal Revenue Officer, Rayavaram Mandal, East Godavari District – second respondent herein. 2. This Court, by interim order dated 29-09-2006, granted suspension of the impugned proceedings dated 05-07-2006. 3. The permanent dealer of the subject fair price shop expired on 05-06-2006. It is the case of the petitioner - Sangham that the second respondent recommended the appointment of the third respondent on extraneous considerations and thereupon, the first respondent issued the impugned proceedings appointing the third respondent, a student studying in III year degree course in VSM College, Ramachandrapuram, as the dealer for the subject fair price shop on temporary basis. 4. No counter has been filed by respondents 1 and 2 despite the pendency of the case before this Court for over four years. The third respondent, in spite of being served notice in this writ petition, failed to put in his appearance either in person or through counsel. 5. Perusal of the impugned proceedings dated 05- 07-2006 reflects that no procedure sanctioned by law was adhered to while making the temporary appointment. Except stating that the third respondent was a physically handicapped person, there is no indication as to how he was chosen and picked. Needless to state, grant of a dealership being part of the State largesse cannot be upon the whims and fancies of the authorities and must necessarily be regulated by due procedure and norms. 6. As the impugned appointment was only temporary in nature, the learned Assistant Government Pleader for Civil Supplies was asked to obtain instructions as to the present status with regard to the appointment of a permanent dealer for the subject fair price shop. Thereupon, the Tahsildar, Rayavaram, by letter dated 16- 02-2011 addressed to the Office of the learned Government Pleader for Civil Supplies, stated that after the suspension of the third respondent’s temporary appointment as the dealer for the subject fair price shop, the distribution of commodities through the said shop was entrusted to the dealer of fair price shop No.16 of Machavaram Village as an additional charge. He further stated that as the matter was pending before this Court, no notification was issued to fill up the dealership vacancy of the subject fair price shop. Pertinent to note, no orders were passed by this Court interdicting the appointment of a permanent dealer for the subject fair price shop while suspending the temporary appointment of the third respondent. Be that as it may, it is clear that the third respondent’s temporary appointment is legally unsustainable as it was not founded on any established norm or procedure. The lack of interest of the third respondent is also apparent from his apathy towards this case. The impugned proceedings dated 05-07-2006 issued by the Sub - Collector, Rajahmundry, East Godavari District, appointing the third respondent as a temporary dealer for fair price shop No.11 of Someswaram Village, Rayavaram Mandal, East Godavari District, are accordingly set aside. The respondent - authorities shall forthwith initiate steps for filling up the vacancy on permanent basis in accordance with law. 7. The Writ Petition is accordingly allowed. There shall be no order as to costs. __________________ SANJAY KUMAR, J Date: 18-02-2011. KVS/MD THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.20642 OF 2006 February 18, 2011