THE HON'BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.34091 of 2011 Date: 26.12.2011 Between: Shaik China Khasim …. Petitioner And The Government of A.P., Rep.by its Secretary to F & A, Secretariat, Hyderabad and others. …. Respondents THE HON'BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.34091 of 2011 ORDER: Heard Sri G. Pedda Babu, learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 2. The petitioner seeks a Writ of Mandamus to declare the action of the respondents in not converting his Kerosene Hawkers licence, as arbitrary and illegal and contrary to the policy of the Government as per the guidelines issued in G.O.Rt.No.479, F & A (CS-IV) Department, dated 19.4.1983 and consequently to direct the respondents to convert his licence as a fair price shop dealer. 3. The case of the petitioner is that he is a kerosene hawker distributing kerosene to the cardholders since 1982 in Piduguralla town, Guntur District. The Government issued guidelines in G.O.Rt.No.479, dated 19.4.1983 to regulate the distribution of kerosene to the consumers and cardholders, which inter alia provided that the Collector should take steps for converting the hawkers into regular nominated retailers with shops and try to arrange for them from various loaning programmes in the District the necessary credit for establishing them in regular business as nominated retailers. Basing on the said circular, the petitioner has filed this writ petition stating that he is entitled to be converted as a fair price shop dealer. 4. I am unable to accept the said contention in view of the subsequent State Government orders issued under the A.P. State Public Distribution System (Control) Order, 2008. 5. Grant of fair price shop authorisations is regulated as per the provisions under A.P. State Public Distribution System (Control) Order, 2008. The guidelines issued thereunder in G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dated 19.2.2011 read with Clause-5 of the aforesaid Control Order prescribes as follows: “1. NOTIFICATION OF VACANCIES OF FAIR PRICE SHOPS:- 1. All vacancies of Fair Price Shops shall be notified through print media on 1st of every month by the Appointing Authority and invite the Applications from the candidates for consideration to be appointed as Fair Price Shop Dealers by issue of authorisation. …… 2 to 8 ………. 9. PREFERENCE AND PRIORITIES:- (i) Preference shall be given to the resident of the revenue village or hamlet in which the shop is to be located or the ward in a Municipality where the shop is to be located; (ii) Preference shall be given to the candidates belonging to families of freedom fighters, if they apply; and (iii) Preference shall be given to the DWCRA groups, Thrift groups functioning under various names like ‘Podupu Lakshmi’; (iv) Preference shall be given to the hawkers/NRs having licence under the APPP (L&Rs) Order, 1980, for selection and appointment as F.P. Shop dealer, while filling up the existing or new F.P. Shop vacancy. All requisite qualifications and guidelines issued by Government from time to time shall be applicable to those hawkers/NRs while converting to F.P. Shop dealer subject to fulfilling the conditions of appointment of fair price shop dealers by the N.R./Hawkers who are otherwise eligible for appointment.” 6. The aforesaid guidelines, which are Statutory in nature, evidently disclose that the authorisation can be granted only by notification and not otherwise. All that is stipulated is that the hawkers dealing in kerosene may be given preference if the requisite qualifications are fulfilled and not otherwise, but it does not entitle the petitioner for being appointed by conversion. 7. In the circumstances, I am of the view that the petitioner is not entitled for the relief sought in the writ petition. 8. Accordingly, the writ petition is dismissed at the admission stage. No order as to costs. 9. In view of disposal of the writ petition, W.P.M.P.No.42418 of 2011 is dismissed as unnecessary. ________________________ JUSTICE NOUSHAD ALI 26.12.2011. NOTE: Issue C.C. in three days. (B/O) Msr THE HON'BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.34091 of 2011 26.12.2011 (Msr)