IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1601 of 2002 Between: D.Veeraiah, .... PETITIONER AND The Joint Collector, Khammam District and others. ....RESPONDENTS THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1601 of 2002 JUDGMENT : (PER HON’BLE SRI JUSTICE B.PRAKASH RAO) The appellant is an unsuccessful writ petitioner, who invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of Mandamus assailing the proceedings dated 23.04.1997 issued by the 2nd respondent herein cancelling the fair price shop dealership, which was challenged in the writ petition No.10768 of 1997. The learned single Judge did not find favour and dismissed the writ petition on the ground that the petitioner has exhausted the alternative remedy, of filing an appeal, available to him and filed a writ petition. Hence, the appeal. Having heard the learned counsel for the appellant and the learned Government Pleader for the respondents, there is no dispute in regard to the validity of such a regular remedy of appeal and the appellant-petitioner can as well raise all the questions, which can be gone into at the time of disposal of the appeal. In view of the same, we do not find any reason to interfere with the view expressed by the learned single Judge and hence, there are no merits in this appeal. Accordingly, the appeal is dismissed. However, having regard to the fact that the order of stay pending all along, the same shall continue to remain in force till the disposal of the appeal. The appellant is granted four weeks time from today to file an appeal against the order in question. It is also made clear that in the event of such appeal is not filed within a period of four weeks from today by the appellant, the said stay order shall not stand beyond the period of said four weeks. No costs. ________________ B.PRAKASH RAO, J _______________ SANJAY KUMAR, J AUGUST 19, 2009 KSH