THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1561 of 2011 Dated 29th January, 2011 Between: D.Pulla Reddy and others …Petitioners And The Government of Andhra Pradesh, rep.by its Principal Secretary, Consumer Affairs, Food and Civil Supplies (CS-1) Department, Secretariat, Hyderabad and others …Respondents Counsel for the petitioners: Sri L.V.S.Naga Raju Counsel for respondents: AGP for Civil Supplies The Court made the following: ORDER: This writ petition is filed for a mandamus to set aside order, dated 07.01.2011, whereby respondent No.2 having entertained the appeal filed by the petitioners, against order, dated 04.11.2010, of respondent No.3, bifurcating the petitioners’ fair price shops, declined to grant stay of the said order. A perusal of the impugned proceedings shows that out of six fair shop dealers, who filed a common appeal, stay was granted only in case of Peddadhagada fair price shop and the same was rejected in other cases. It is the plea of the petitioners that even in their cases, the cards which are proposed to be left with the petitioners fall short of minimum number of cards prescribed under G.O.Ms.No.35, dated 17.09.2007, and that therefore, there is no rationale in respondent No.2 rejecting their stay application while granting stay in respect of one shop only. After hearing the learned Assistant Government Pleader for Civil Supplies, I find force in the submission of the learned counsel for the petitioners. Since the appeal is pending before respondent No.2, I refrain from rendering conclusive finding on the issue whether the proposed bifurcation is in conformity with G.O.Ms.No.35, dated 17.09.2007. However, for the limited purpose of disposing of this writ petition, prima facie it appears that the cards, which are proposed to be left with the petitioners, appear to fall below the minimum prescribed cards under the said G.O. Therefore, respondent No.2 ought to have granted stay of the bifurcation orders till disposal of the appeal. In the premises as above, the proceedings, dated 04.11.2010, of respondent No.3, are stayed pending appeal before respondent No.2. Respondent No.2 is directed to dispose of the appeal, within a period of one month from the date of receipt of a copy of this order. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.1891 of 2011 filed by the petitioners for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 29th January, 2011 VGB