IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 20660 of 2008 Between: Kore Ramesh, S/o. Veera Swamy, R/o. H.No. 17-3-398, Karimabad, Ursu, Warangal. ..... PETITIONER AND 1 The Joint Collector (Civil Supplies), Warangal, Warangal District. 2 The Revenue Divisional Officer (R.D.O)., Warangal, Warangal District. .....RESPONDENT(S) 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 an order or direction, more particularly in the nature of Writ of Mandamus directing the respondents to consider the case of the petitioner who is retail kerosene dealer for conversion into a Fair Price Shop dealer in respect of Shop bearing NO. 255, Ursu, Warangal for appointment as a fair price shop dealer pursuant to notification published in Andhra Jyothi Telugu Daily News paper dt. 4-4-2008 in terms of circular R.C.No. E/1167/2008, dt. 1-4-2008 and in terms of circular order dt. 19-3-2005 in PDS-II(3)/2847/2005 and GO Ms.No. 32, Consumer Affairs Food and Civil Supplies (CS-I) Department, dt. 30-8- 2007 and issue authorization in favour of the petitioner. Counsel for the Petitioner:MR.B.NARASIMHA SARMA Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 20660 of 2008 O R D E R: This writ petition is filed seeking Mandamus to direct the respondents to consider the case of the petitioner, who is a retail kerosene dealer, for conversion into a Fair Price Shop dealer in respect of Shop No. 255, Ursu, Warangal for appointment as a Fair Price Shop dealer pursuant to notification published in Andhra Jyothi Telugu Daily News Paper dated 4.4.2008 in terms of Circular Rc.No.E/1167/2008 dated 1.4.2008 and in terms of Circular Order dated 19.3.2005 in PDS- II(3)/2847/2005 and G.O.Ms.No.32 Consumer Affairs Food and Civil Supplies (CS-I) Department dated 30.8.2007 and to issue authorization in favour of the petitioner. According to the petitioner, he has passed SSC in the year 1984 and he was appointed as Retail Kerosene Dealer in the year 1990 and he has been running Retail Kerosene Dealership for Shop No.254 at Ursu, 16th Ward, Warangal under a valid license issued by the competent authority. While that being so, the Government of A.P. has taken a policy decision for conversion of existing hawkers/NRs as Fair Price Shop dealers, in a phased manner, and accordingly issued a Circular Order dated 19.3.2005 directing all the Collectors/Chief Rationing Officer, Hyderabad to take necessary steps for conversion of existing nominated retailers as Fair Price Shop Dealers, in a phased manner. Since there was delay in enforcing the aforesaid Circular Order, the petitioner and others filed W.P. Nos. 7612 of 2006 and 7611 of 2006 for implementation of the said Circular Order. This Court disposed of the said writ petitions on 18.4.2006 directing the 2nd respondent to consider the case of the petitioners therein for conversion as Fair Price Shop dealers. According to the petitioner, the 2nd respondent has not complied with the said direction issued by this Court in WP Nos. 7611 and 7612 of 2006. Therefore, he had to file C.C. No. 1163 of 2006, whereunder the respondents have given an undertaking that conversion of the existing hawkers as Fair Price Shop dealers will be considered as and when vacancies arise. Now, according to the petitioner, the Government also issued G.O.Ms.No. 32 dated 30.8.2007 giving instructions to all the appointing authorities to give preference to the hawkers/NRs having license under the A.P. Petroleum Products Order, 1980 for selection and appointment as Fair Price Shop dealers while filling up the existing vacancies. Thus, pursuant to the Notification published in Andhra Jyothi Telugu Daily Newspaper dated 13.10.2007, the petitioner had applied for appointment of Fair Price Shop dealer in respect of Shop No.271/1, Ursu, Warangal and was interviewed along with other candidates. However, the 2nd respondent, contrary to the instructions issued by the Government from time to time as referred above, appointed one Bejjanki Krishna s/o Brahmaiah, r/o Warangal as Fair Price Shop dealer and subsequently cancelled the appointment, suo motu, along with 11 others. Therefore, the petitioner filed W.P. 22835 of 2007 seeking direction to 2nd respondent to consider his case for conversion into Fair Price Shop dealer in respect of any of the shops bearing No. 281/1, Ursu, 271/1 Ursu and 251/1 Ursu for appointment as Fair Price Shop dealer and the said writ petition was disposed of by this Court on 13.1.2007 directing the respondents to consider his case for appointment as Fair Price Shop dealer in accordance with the Circulars and guidelines governing the field. According to the petitioner, the 2nd respondent, who is the appointing authority to fill up the vacancies of fair price shops in his jurisdiction, has issued notification dated 1.4.2008 vide proceedings Rc.No.E/1167/2008 in Andhra Jyothi Daily Newspaper dated 4.4.4008 calling for applications from eligible candidates for appointment of Fair Price Shop dealers for eight shops within his jurisdiction and the last date for applying was 16.4.2008. According to the petitioner, he has satisfied all the criteria; therefore, he is entitled for conversion to be appointed as Fair Price Shop dealer in respect of Shop No. 255, Ursu, Warangal. Though no counter is filed, on the instructions received the learned Government Pleader stated that the petitioner is entitled only for preference in appointment of Fair Price Shop dealer but he has no right whatsoever to be appointed as Fair Price Shop dealer. In the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent to consider the candidature of the petitioner along with others, giving preference as per G.O.Ms.No.32 dated 30.8.2007 and pass appropriate orders as per law. Till such time, no appointment shall be made by the respondents pursuant to the Notification published on 4.4.208. No order as to costs. C.V. RAMULU, J. Date: 18-02-2009. MVB.