IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 6226 of 2008 Between: K.Vijay Kumar S/o.Subbarao R/o. Billapadu Village, Gudiwada Mandal, Krishna District. ..... PETITIONER AND 1 The District Collector, Krishna District at Machilipatnam. 2 The Revenue Divisional Officer, Gudiwada, Krishna District. 3 The Tahsildar, Gudlavalleru, Krishna District. .....RESPONDENTS Counsel for the Petitioner:MR.RAMESWARA PRASAD POCHIRAJU Counsel for the Respondents: AGP FOR CIVIL SUPPLIES ORDER: This writ petition is filed for the following substantive relief: “Hence, in the above facts and circumstances, it is therefore prayed that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in issuing notification dt. 5.3.2008 in No.Rc.G/291/2008 issued by the 2nd respondent herein and consequently set aside the same by declaring that the impugned action of the respondent authorities is arbitrary, illegal and violation of rights guaranteed under Article 19(1)(g) and Article 21 of the Constitution of India.” The petitioner is a permanent fair price shop dealer of Kowthavaram Village. In this writ petition, he questioned notification, dated 05.03.2008 where under several fair price shops are notified for appointment of permanent fair price shop dealers, which include Shop No.18 of Kowthavaram Village at Serial No.24 of the notification. The petitioner mainly contended that his dealership is not terminated by the respondents and hence, no vacancy arose for being notified. At the hearing, the learned Assistant Government Pleader for Civil Supplies stated, on oral instructions, that the petitioner’s dealership has not been formally terminated. He further stated that since the petitioner did not distribute the essential commodities from 02.11.2006 to 02.11.2007, the respondents treated that a permanent vacancy arose and hence, notified the vacancy. The learned Assistant Government Pleader has not brought to my notice any provision to the effect that failure of the permanent fair price shop dealer to lift the essential commodities for a particular period results in automatic termination of his dealership. Unless necessary proceedings are initiated against the petitioner for his failure to lift the essential commodities and distribute the same, and appropriate order for cancellation of the fair price shop dealer is passed after giving him a reasonable opportunity of hearing, the respondents cannot treat that a vacancy had arisen. Therefore, notifying the fair price shop of Kowthavaram Village without there being any vacancy is illegal. In that view of the matter, the impugned notification to the extent it notified Shop No.18 of Kowthavaram Village is quashed. However, liberty is given to the respondents to take appropriate action against the petitioner in accordance with law. The writ petition is accordingly allowed. C.V. NAGARJUNA REDDY, J 28th MARCH, 2008 Note: issue operative portion by ‘wire’ at party’s costs. B/o kvni