IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 487 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 25/03/2008 in WP NO : 5188 OF 2008 on the file of the High Court.) Between: 1 J.Sridevi W/o. S.Sathi Raju R/o. Ponugutivalasa Village, Santhakaviti Mandal, Srikakulam District. 2 S.Krishnam Naidu, S/o. Late Swamy Naidu R/o. Ponugutivalasa Village, Santhakaviti Mandal, Srikakulam District. ..... APPELLANT(S) AND 1 Govt. of A.P., rep. by its Prl. Secretary, Consumer Affairs, Food and Civil Supplies ( CS.I ) Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Srikakulam Distrit, Srikakulam. 3 The Revenue Divisional Officer, Palakonda Revenue Division, Palakonda, Srikakulam District. 4 The Tahsildar, Santhakaviti Mandal, Srikakulam District. .....RESPONDENT(S) Counsel for the Appellant:MR.D.V.NAGARJUNA BABU Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : JUDGMENT: (Per Anil R. Dave, CJ) Being aggrieved by an interim order dated 25-3-2008 passed in W.P.M.P.No. 6732 of 2008 in W.P.No. 5188 of 2008, this appeal has been filed. The appellants-petitioners are aggrieved by the appointment of respondent No.5 as fair price shop dealer No.III in Ponugutivalasa Village, where they are already running fair price shop Nos. II and I respectively. In our opinion, the appellant has no right to restrain someone else to be appointed as a fair price shop dealer in addition to the existing fair price shops in the Village. Looking to the fact that every dealer is having 308 BPL cards each and in all 438 cards even after establishment of fair price shop No.III, we do not think that there is any gross violation of G.O.Ms.No. 35, Consumers Aﬀairs, Food and Civil Supplies (CS.I) Department, dated 17-9-2007, more particularly when conversion of Ponugutivalasa Gram Panchayat into a Municipality is still subject matter of one petition. Further the rationalization of the fair price shops has been ordered only for the convenience of the cardholders. In the circumstances, the appeal is dismissed with no order as to costs. However, it is directed that the appointment of respondent No.5 would be subject to the result of W.P.No. 5188 of 2008. _______________________ ANIL R. DAVE, CJ 6th August, 2008. _________________________ R. SUBHASH REDDY, J GRR