1. The petitioner, who is a retail kerosene dealer of Shop No.4548, situated in Godavarikhani, Ramagundam Mandal, Karimnagar District, has filed this writ petition to declare the proceedings No.D/1604/2007, dated 19.06.2007 of the 2nd respondent, viz., the Revenue Divisional Officer, Peddapalli, Karimnagar District, whereby the petitioner was retained as a dealer to the extent of dealing in kerosene only, instead of appointing/converting him as a Fair Price Shop dealer with authorization to deal in all the commodities including kerosene, as illegal.

2. The petitioner is an authorized retail kerosene dealer of shop No.4548 of Godavarikhani. It is his case that he is entitled for conversion of his authorization as a Fair Price Shop dealer. He therefore made an application for conversion to the 2nd respondent. The 2nd respondent on consideration of the said application, relying on the circular dated 19.03.1995 issued by the Commissioner of Civil Supplies, granted authorization by order dated 9.01.2006 with a direction to the Mandal Revenue Officer, Ramagundam to allot all the essential commodities. The petitioner was directed to submit certain documents to enable them to issue authorization. It is stated that in pursuance of the said order, the 3rd respondent allotted all the essential commodities till September, 2006. Thereafter, when the supply was stopped, he filed W.P.No.21717 of 2006 and pursuant to the interim order granted therein, he received the supplies till May 2007. Even though the grant was made, no authorization was issued to him. In the meanwhile, the 2nd respondent passed the impugned order declining to recognize the petitioner as Fair Price Shop dealer on the ground that he was not qualified for conversion since he was aged more than 40 years.

3. Heard Sri T. Mahender Rao, learned counsel for the petitioner and learned Government Pleader for Civil Supplies for the respondents.

4. The learned counsel for the petitioner would contend that the maximum age limit of 40 years applies only in respect of fresh appointments and there is no age restriction in the case of conversion of the existing retail kerosene dealers as Fair Price Shop dealers. He would further contend that similar kerosene dealers like him viz., A.Sankara Lingam, Dealer of Shop No.4536 and G.Pochaiah, dealer of Shop No.4549, were granted conversion even though they were aged more than 50 years. He would therefore contend that the denial of conversion to the petitioner who is aged only 45 years is discriminatory. The learned counsel would place reliance on the circular of the Commissioner of Civil Supplies No.PDS.II(3)/2874/05, dated 19-03-2005.

5. The learned Government Pleader would contend that the Government issued instructions for conversion of nominal retail kerosene dealers as regular PDS dealers in a phased manner vide Circular No.N5/2847/05, dated 31-05-2005 and it has been clarified therein that the guidelines issued by the Government dated 26-07-1991, 22-01-1999 and orders issued in G.O.Ms.No.53, dated 06-10-2003 should also apply while granting conversion and according to the said guidelines, the upper age limit was only 40 years. He would further contend that the two other dealers Sankaralingam and Pochaiah were below 40 years. He would further contend that the case of the petitioner and four other dealers who were sanctioned conversion were referred to the Collector (CS), Karimnagar for ratification but the Collector did not ratify the orders of the Revenue Divisional Officer on the ground that the petitioner was aged above 40 years. He would therefore contend that the petitioner is not entitled for seeking conversion of his retail kerosene dealership as a fair price shop dealer.

6. The petitioner sought to rely on Circular No.PDS.II(3)/2874/05, dated 19-03-2005 of the Commissioner of Civil Supplies. The relevant portion of the said circular is as follows: "Keeping in view the un-viability of the retail dealers and to make keros