THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8430 of 2010 Dated:16.04.2010 Between: G.Laxmi. …Petitioner and The Joint Collector, Karimnagar, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8430 of 2010 ORDER: The petitioner was authorized Fair Price Shop (FPS) dealer of Shop No.3721 of Alamaspur Village of Karimnagar District. She was appointed on 18.01.1996 with 416 cards. The authorization was valid for a period of two years. She did not renew. She submitted application for renewal. She was asked to pay a fine of Rs.100/- for delay in renewal. She allegedly paid the said amount. But the second respondent by proceedings dated 08.03.2001 cancelled the authorization for non-renewal on the ground that she did not submit application for renewal within time and that she also failed to pay the fine required under the rules. Assailing the said proceedings dated 08.03.2001 the present writ petition is filed after a period of about a decade. After hearing Counsel for the petitioner and Assistant Government Pleader, this Court is convinced that the delay and laches on the part of the petitioner, which have not been explained, are fatal to the case. The Assistant Government Pleader for Civil Supplies opposed the writ petition stating that the petitioner did not seek renewal of the authorization in accordance with Clause 5(14)(iii) of the Andhra Pradesh State Public Distribution System (Control) Order, 2008 (the Control Order), and therefore, she cannot have any right. Clause 5(14)(iii) of the Control Order reads as under. 5(14)(iii): Every authorized Fair Price Shop dealer/nominated retailer/ hawker shall apply or renewal of authorization one month before expiry of validity duly remitting the fee prescribed for renewal of authorization and such application shall be disposed by the Appointing Authority before 31st of March. However, a grace period of one month is allowed for renewal in exceptional cases duly recording the reasons. The application received for renewal of authorization after expiry of extended period of validity i.e., 30th April the authorization shall stand cancelled and the entire security deposit shall be forfeited. Such the Fair Price Shop/nominated retailer/ hawker become vacant and such vacancy shall be filled in duly following the guidelines. The appointing authority is not vested with the powers to renew the authorization on the request received for renewal after the expiry of extended period of validity of authorization: Provided that the Commissioner of Civil Supplies in special circumstances, may relax the provision and authorize the appointing authority to issue fresh authorization duly forfeiting the entire or part of security deposit in favour of Government. A plain reading of the same would show that every FPS dealer shall apply for renewal one month before expiry of the validity. The competent authority can allow the grace period of one month. Even if after expiry of grace period an application is not made for renewal, the authorization shall stand cancelled and the entire security deposit shall be forfeited. Indeed, even appointing authority is not vested with the power to renew authorization on the request received for renewal after expiry period of validity of authorization. In this case the petitioner’s authorization expired and she did not seek renewal. Therefore, it is deemed to have been cancelled. In that view of the mater, the grievance made out by the petitioner is not sound. If so advised, the petitioner may prefer an appeal to the Joint Collector along with an application to condone the delay. If the Control Order permits condonation of delay, the Joint Collector may consider the same. The Writ Petition is accordingly dismissed. There shall be no order as to costs. _____________ (V.V.S.RAO, J) 16.04.2010 vs