IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE EIGHTEENTH DAY OF JUNE, TWO THOUSAND NINE ONLY WRIT PETITION No.9155 of 2009 Between: Bogguri Madhu Babu … Petitioner And The Joint Collector, Kurnool & others. … Respondents Counsel for the petitioner : Sri K. Rama Mohan for Sri R. Ramanjaneyulu Counsel for respondents 1-3: AGP for Civil Supplies This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.9155 of 2009 ORDER:- In this writ petition, the petitioner assailed the validity of order dated 07.02.2009 of respondent No.2 appointing respondent No.4 as fair price shop dealer in respect of shop No.34-A of Amadeguntla Village, Kodumur Mandal, Kurnool District. A perusal of the averments contained in para 9 of the affidavit filed by the petitioner shows that he availed the remedy of appeal before respondent No.1 against the order, which is impugned in this writ petition and as no orders have been passed on the stay application, he filed the present writ petition. Since the petitioner already questioned the order of respondent No.2 appointing respondent No.4 as fair price shop dealer, the present writ petition, filed claiming the same relief during the pendency of the appeal before respondent No.1, cannot be maintained. Therefore, this writ petition is dismissed with the direction to respondent No.1 to dispose of the appeal filed by the petitioner, within a period of eight weeks from the date of receipt of a copy of this order, after giving notice to the petitioner and respondent No.4. As a sequel to dismissal of the writ petition, WPMP.No.11977 of 2009 filed by the petitioner for interim relief is dismissed as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 18.06.2009 ES