THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.27521 of 2008 ORDER: 1 This Writ Petition is filed by the fair Price Shop Dealer of Zaheerabad Municipality in Medak District questioning the notification No.B2/6393 of 2008 dated 29.11.2008 issued by the fourth respondent inviting applications for filling up of vacancy by creating a new Fair Price Shop. 2 Mainly it is the grievance of the petitioner that though the number of cards which are attached to the Fair Price Shop of the petitioner are less than the number as indicated in the guidelines issued by the Government in G.O.Ms.No.35 dated 17.09.2007, in spite of the same, further shop is created and the impugned notification is issued inviting applications to fill up the vacancy. 3 New Fair Price Shops are created as per the policy notified by the Government by detaching some cards from the existing dealers. As per the procedure, based on the recommendations made by the Food Advisory Committee, proposals were sent by the concerned Tahsildar to the District Collector, and after approval of the said proposals sent by the Tahsildar, the impugned notification is issued. 4 In this Writ Petition, the proceedings issued by the District Collector approving for bifurcating the existing shop and for creation of a new shop are not the subject matter of challenge. What was the number of cards attached to the petitioner and the reasons for bifurcating are not known. Though there is a remedy of appeal against the proceedings approved by the District Collector for bifurcation, it appears that such remedy of appeal is not availed on the ground that order of bifurcation is not communicated to the petitioner. In absence of questioning the proceedings issued by the District Collector for bifurcation of the existing Fair Price Shop, I do not find any reason to interfere with the impugned notification, which is a consequential one pursuant to the bifurcation orders approved by the District Collector. 5 In that view of the matter, the present Writ Petition is devoid of merit and is liable to be dismissed. But, at the same time, as it is stated that bifurcation proceedings were not served on the petitioner, I deem it appropriate to permit the petitioner to approach the appellate authority against the bifurcation proceedings as approved by the District Collector. The respondents are also directed to maintain status-quo obtaining as on today for a period of eight weeks from today. In the meantime, it is open for the petitioner to pursue the remedies available under law. It is also made clear that after expiry of eight weeks, the respondents can take steps pursuant to the impugned notification. 6 Subject to the above directions, this Writ Petition is dismissed. No order as to costs. --------------------------- R.Subhash Reddy, J. 29.11.2011 Kvsn