IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20788 of 2008 Between: Kota Venkateswarlu S/o. Late Sri Nagasubbaiah Aged 62 years, Hindu, Fair Price Shop Dealer Pasupugallu Village, Mundlamur Mandal, Prakasam District ..... PETITIONER AND 1. The Director of Civil Supplies Government of Andhra Pradesh, Civil Supplies Bhavan, Andhra Pradesh, Hyderabad 2. The Collector District and Magistrate Ongole, Prakasam District 3. The Joint Collector, Ongole, Prakasam District. 4. The Revenue Divisional Officer, Kandukuru, Prakasam District. 5. The Tahsildar, Mundlamuru Mandal, Prakasam District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the order of the 2nd respondent in proceedings Rc.No.CS2/2768/2008, dt.29.08.2008 directing the bifurcation of the existing Fair Price Shop of the Petitioner in Pasupugallu Village, Mundlamuru Mandal, Prakasam District, and directing the 4th respondent herein to create proposed Fair Price Shop in Pasupugallu Village and ﬁll up the same on regular basis and the eventual inaction of the 1st respondent in not granting stay of the order of the 2nd respondent in proceedings Rc.No.PC.CS2/2768/2008 dt.29.08.2008 and all further proceedings in pursuance thereof, pending disposal of the statutory Appeal No.N1/7244/2008 as arbitrary, illegal, improper, null, void, vitiated unjust, unconstitutional, without jurisdiction, non-est in law, violative of Principles of natural justice violative of the statutory guidelines issued in G.O.Ms.No.35 C.A.&CS Dept. dt.17.09.2007 and violative of Article 14, 19 (1)(g) and 21 of the Consitution of India and grant such other necessary relief or reliefs, as this Hon’ble Court may deem just and proper in the circumstances of the case. Counsel for the Petitioner:MR.RAJANIKANTH JWALA Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 20788 of 2008 ORDER: The petitioner herein claims to be the dealer of the Fair Price Shop of Pasupugallu Village of Mundlamuru Mandal, Prakasam District. By proceedings dated 29.08.2008 the second respondent herein ordered creation of a new Fair Price Shop by bifurcating the cards attached to the petitioner’s shop. Aggrieved by the said order, the petitioner preferred an appeal before the ﬁrst respondent, the Director of Civil Supplies along with an application seeking stay of operation of the second respondent’s order dated 29.08.2008. Alleging that the ﬁrst respondent failed to consider his appeal and no orders have been passed even on the application for stay and that in the meanwhile steps are being taken for appointment of dealer in respect of the newly created shop, the present writ petition is filed. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Civil Supplies appearing for the respondents. Since the Statutory Appeal is pending before the first respondent, I deem it appropriate to protect the interest of the petitioner till appropriate orders are passed by the ﬁrst respondent on the application filed by the petitioner. Accordingly, the writ petition is disposed of with a direction to the ﬁrst respondent to dispose of the application for stay ﬁled by the petitioner against the order of the second respondent, dated 29.08.2008, as expeditiously as possible, preferably within a period of two weeks from the date of receipt of a copy of this order. Till such time, the order of the second respondent, dated 29.08.2008 shall not be given eﬀect to. ______________ G.ROHINI, J Date: 23.09.2008 Note: Issue operative portion by wire at party’s cost (B/o) va