BALA SUBRAMANYAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner is seeking a writ of Mandamus to direct the respondents to set aside the order of allotment dated July 9, 1983, made in favour of the fourth respondent V. Kanaka Raju of Fair Price Shop No. 83 in Block No. 22 of Nellore Town ; to continue the petitioner as dealer thereof and to issue quotas as usual.

(2.) The facts are fairly not in dispute and they lie in a narrow circumference : One Vaddi Sasidhar was allotted and granted a licence in the year 1980 under the Andhra Pradesh Scheduled Commodities (Licensing and Distribution) Order, 1982, for short, "the Order" to run Fair Price Shop No. 83 in Block No. 22 of Nellore Town and he has been running the same. The petitioner has been working under him as a clerk. Mr. Sasidhar had surrendered the licence in February 1983. By order dated march 23 1983 the petitioner was granted temporary licence pending allotment to a regular candidate, In the interregnum, the Government, in G.O. Rt. No. 714 dated June 16, 1983. took a policy decision to allot 20% of the fair price shops held by the individuals in each district to the members of the Scheduled Castes and Scheduled Tribes, for short, "the Dalits". Pursuant thereto, under the impugned order, Shop No. 83 was allotted to Mr. V Kanaka Raju (4th respondent) a Candidate belonging to the Scheduled Caste Assailing the legality thereof, the above writ petition has been filed.

(3.) The petitioner is resisting the allotment made to the fourth respondent, on many manifold contentions of constitutional issues. It is argusd by Sri Krishna Reddy, that the fourth respondent though he is a Dalit, belongs to Hindu community. The petitioner too is a Hindu. The petitioner has a fundamental right to carry on business under Article 19 (1) (g) of the Constitution. Therefore, no discrimination can bs made between him and the 4th respondent. The petitioner being a running licence-holder, is entitled to the preference over the fourth respondent. The question is whether the Government in G. O. Rt. No. 714 is entitled, in preference to the petitioner, to reserve 20% of the shops in each district for allotment to the Dalits and the impugned action is discriminatory offending Article 14 of the Constitution.