HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.29156 of 2008 Date : 20.10.2010 Between : T.Palakshi Reddy. …..Petitioner And The Joint Collector, Anantapur & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.29156 of 2008 ORDER : In this writ petition, the petitioner has questioned the orders of the 1st respondent-Joint Collector, dated 01.10.2008, issued in Proceedings Dis.No.K6/DMV/821/2008, dismissing the appeal preferred by the petitioner, which was filed against the notification, dated 08.05.2008, issued in Rc.No.845/2008/F, by the 2nd respondent-Revenue Divisional Officer, inviting applications for appointment of fair price shop dealer for Hullikera village of Kanekal Mandal in Anantapur District, under B.C (General) category, on permanent basis. Originally, one Mr.T.Varadarajulu was the fair price shop dealer in Hullikera village. In view of the death of said dealer, a vacancy arose, which was notified for filling up on permanent basis. In response to the said notification, 5 applications were received including that of the petitioner herein, but he did not come up for selection in the selections made, and one Mr.N.Venkata Rami Reddy was appointed. Questioning the appointment of said Venkata Rami Reddy, petitioner carried the matter to the appellate and revisional authorities, but he was unsuccessful. Thereafter, there was a proposal by the 1st respondent-Tahsildar for sanction of additional fair price shop at Hullikera village, duly bifurcating the existing fair price shop. After getting approval from the Mandal Food Advisory Board, proposals were sent to the Collector, Anantapur, who has approved the same, sanctioning the additional fair price shop at Hullikera village, by proceedings, dated 31.03.2008, issued in Proceedings Rc.No.K5/255/2008. To fill up such vacancy for the additional shop, a notification was issued on 08.05.2008, reserving it to B.C (General) category. When the selections were in the process, the petitioner, who belongs to O.C (General) category, filed an appeal against the said notification, before the Joint Collector, who, by an order, dated 01.10.2008, dismissed the appeal. Hence, this writ petition. In this writ petition, it is the case of the petitioner that without bifurcation of cards, it is not open for the 2nd respondent to notify the additional fair price shop. Yet another ground is raised, stating that there is no sanction for additional shop, from the competent authority i.e. the District Collector. A detailed counter affidavit is filed on behalf of respondents. While giving the entire picture from the stage of notifying the vacancy of the single shop before bifurcation, it is stated that sanction was accorded by the District Collector, for additional fair price shop. At first instance, the Late father of the petitioner was a dealer, but after his demise, fresh selections were made, in which, the petitioner did not come up for selection and some other third party was appointed as a dealer for the 1st shop. In that view of the matter, no right of the petitioner is affected due to issuance of notification inviting applications for the 2nd shop, for which, the proposals were sent and approved by the competent authority. It is also to be noticed that the notification, dated 08.05.2008, is issued reserving the vacancy to B.C. (General) category and the petitioner also will not fit into the said category. In that view of the matter, there is absolutely no merit in the appeal preferred by the petitioner and the present writ petition, so as to interfere with the notification, dated 08.05.2008, or the order of the appellate authority, dated 01.10.2008. For the aforesaid reasons, the writ petition is totally devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 20th October 2010 ajr