ORDER:

The petitioner filed this writ petition seeking to issue a Writ of Mandamus seeking to declare the proceedings issued by the 3rd respondent vide Rc.No.C/150(62)/2018 dated 16.04.2018 in appointing the 5th respondent as Fair Price Shop dealer of Danduvaripalli Village, Tanakal Mandal, Ananthapur District, as illegal and arbitrary.

2. The case of the petitioner is that he was appointed as a temporary Fair Price Shop dealer for Shop No.31 of Danduvaripalli Village, Tanakal Mandal, Ananthapur District, on 26.10.2010 by the 3rd respondent. Since then, he has been distributing the essential commodities to the cardholders without any complaints. While things stood thus, the 3rd respondent appointed the 5th respondent as Fair Price Shop dealer for the subject shop vide proceedings dated 16.04.2018 though she is not the resident of Danduvaripalli Village where the subject shop is located and she is the resident of C.G.Project, Mundlavaripalli Village. The 5th respondent by misleading the authorities got the appointment in her favour by suppressing the fact that she is not the resident of the village where the subject shop is located. Being aggrieved by the appointment of the 5th respondent, the present writ petition is filed.

3. The 3rd respondent filed counter stating that the Shop No.31 of Danduvaripalli Village is reserved for BC-E category as per 100 point Permanent roster register and as per the guidelines issued by this Court in W.P.No.59 of 2015 and batch dated 04.09.2015. The petitioner filed W.P.No.10006 of 2018 before this Court challenging the notification dated 31.01.2018 issued for filling up the vacancy of Fair Price Shop dealer for Shop No.31 of Danduvaripalli Village, Tanakal Mandal duly reserving it for BC-E community and the same was dismissed by holding that the shop is reserved for BC-E category as per 100 point Roster reservation by taking entire division as unit and this Court does not find any reason to interdict the process at the instance of the petitioner. Again, the petitioner filed the present writ petition only to delay the process of appointment of Fair Price Shop dealer in respect of Shop No. 31 of Danduvaripalli Village, for which the petitioner was appointed as a temporary dealer. As per the guidelines issued in G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dated 19.02.2011, the candidate shall be a resident of the Gram panchayat or Municipal limits of the Town, as the case may be, in which the shop is to be located. The 5th respondent is residing at C.G. Project, Mundlavaripalli Panchayat in which the present Fair Price Shop is also included in the said Gram panchayat. The 5th respondent is eligible as she belongs to BC-E reserved category and thus she is selected and appointed as Fair Price Shop dealer for Shop No.31. The Ration Card and Aadhar Card of the 5th respondent show that she is the resident of C.G.Project, Mundlavaripalli Gram panchayat and she produced property valuation certificate for the house bearing Door No.1-32 belongs to her father to show that she is solvent to run the shop. Hence, the 5th respondent has appointed after observing the guidelines issued in G.O.Ms.No.4 dated 19.02.2018 vide proceedings dated 16.04.2018 with a condition to run the Fair Price shop at Danduvaripalli Village only. The writ petition deserves no consideration as the petitioner is appointed on temporary basis till appointment of permanent dealer and the same is liable to be dismissed.

4. Learned counsel for the petitioner submits that the 5th respondent is the native of C.G.Project, Mundlavaripalli Village, whereas the shop is situated in Danduvaripalli Village. There are about two cardholders belong to BC-E community. The 5th respondent is not the resident of Danduvaripalli Village where the shop is located and selection and appointment of the 5th respondent as a Fair Price Shop dealer in respect of Shop No.31 of Danduvaripalli Village, which is reserved for BC-E category, is