THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.26065 of 2007 ORDER: This writ petition is filed by the fair price shop dealer of Nakkapalli Village and Mandal, Visakhapatnam District, questioning order, dated 01.12.2007 passed by the first respondent - District Collector, Visakhapatnam, in R.P.No.5/2007/CSR7. The third respondent/primary authority - Revenue Divisional Officer, Narsipatnam, Visakhapatnam District, has notified the vacancy of fair price shop dealer, and selected the petitioner as a dealer of fair price shop No.3 of Nakkapalli Village, vide proceedings, dated 21.06.2005 issued in Rc.No.111166/2005/B. The unofficial respondents aggrieved by the selection of the petitioner, have carried the matter in appeal before the second respondent/appellate authority - Joint Collector, Visakhapatnam District. The said appeal was dismissed by order, dated 21.07.2007 passed in A.C.No.20/2005/CSR7. As against the same, the fifth respondent has carried the matter in revision before the first respondent/revisional authority, who in turn, by the impugned order, allowed the same by setting aside the orders of the second and third respondents and directed the third respondent to re-notify the vacancy and to appoint suitable candidate as per the guidelines. In this writ petition, it is contended by the learned counsel for the petitioner that without assigning any valid reason, the first respondent has allowed the revision filed by the fifth respondent. It is submitted by the learned counsel that the petitioner discontinued his business in food grains and the same is evident from the cancellation of the Registration Certificate issued by the Commercial Tax Department. In this view of the matter, there is no impediment for appointing the petitioner as a fair price shop dealer. It is also submitted that merely because the father of the petitioner was working as Kalasi in Mandal Level Stock (MLS) Point Godown, the same is also no ground to invalidate the selection of the petitioner. On the other hand, it is submitted by the learned Assistant Government Pleader for Civil Supplies appearing for respondents 1 to 3 and also the learned counsel appearing for the fifth respondent that the petitioner is doing business in food grains and only with a view to get the fair price shop authorisation, he addressed a letter to the authority concerned seeking to cancel the Registration Certificate issued under the provisions of the Andhra Pradesh General Sales Tax Act, 1957. It is also submitted that the father of the petitioner was working as a Kalasi in MLS Point Godown, as such, there are no grounds to interfere with the impugned order passed by the first respondent/revisional authority. I have heard the learned counsel for the parties and perused the impugned order. It is to be noticed that the revisional authority has recorded valid reasons in support of his order, which is impugned. It is true that the Registration Certificate issued to the petitioner under the provisions of the Andhra Pradesh General Sales Tax Act, 1957 was cancelled but his continuance in the business of food grains is evident from letter bearing Rc.No.14/2007B14, dated 26.02.2007, in which, the Assistant Commercial Tax Officer, Anakapalli, categorically stated that he visited the premises of the petitioner on 04.09.2005 and secured certain purchase bills and vouchers, which are issued in the name of M/s.Sri Sravani Agencies, of which, the petitioner is a proprietor, and collected tax of Rs.9,561/- and compounding fees of Rs.9,561/- for doing business without Registration Certificate. This shows that the petitioner is continuing business in food grains, as such, he is not eligible to be appointed as a fair price shop dealer in view of the guidelines issued by the Government in G.O.Ms.No.53, Consumer Affairs, Food and Civil Supplies Department, dated 06.10.2003, and his selection and appointment as a fair price shop dealer is also not valid. Further more, it is to be noted that the fair price shop dealers have to obtain their stocks from the MLS Point Godown. It is not in dispute that the father of the petitioner was working as Kalasi in MLS Point Godown, from which, essential commodities are supplied to the fair price shop dealers. It is true that the Kalasi is not a regular post but when the father of the petitioner is working in MLS Point Godown, there is a likelihood of mismanagement of the essential commodities to be supplied to the fair price shop dealers. In view of sound and valid reasons recorded by the first respondent, I do not find any ground to interfere with the impugned order in this petition filed under Article 226 of the Constitution of India. In that view of the matter, the Writ Petition is dismissed. It is made clear that it is open to the third respondent to notify the vacancy as per the directions of the first respondent and take steps for appointment of a fair price shop dealer. Till such appointment, status quo as on today shall be maintained. No order as to costs. ______________________ R.SUBHASH REDDY, J 22nd NOVEMBER, 2011. kvni