HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28139 of 2009 Date: 23rd February 2010 Between: Kumari R. Nareshamma. … Petitioner And The Joint Collector, Kurnool & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28139 of 2009 ORDER: This writ petition is filed, questioning the order, dated 5th December 2009, passed by the 2nd respondent- Revenue Divisional Officer, Kurnool, in Rc.B.28/2009. 2. By the aforesaid order, the 4th respondent is appointed as a fair price shop dealer in respect of Shop No.41-B of Santanpuram village of Kurnool Mandal and District. 3. It is submitted by the learned counsel for petitioner that though respondent No.4 was not qualified as per the notified conditions, he was illegally appointed, but against the orders passed by the 2nd respondent-Revenue Divisional Officer, there is a remedy of appeal before the 1st respondent-Joint Collector under the provisions of the A.P. Public Distribution (Control) Order, 2008, framed under the Essential Commodities Act, 1955. When there is a remedy of appeal available under the provisions of the Control Order, there is no reason for the petitioner to by-pass such remedy and approach directly this Court. 4. For the aforesaid reasons, this writ petition is disposed of, permitting the petitioner to file appeal before the 1st respondent-Joint Collector within a period of four weeks from today. On such filing, the 1st respondent shall consider the same without raising objection with regard to limitation, and pass appropriate orders as expeditiously as possible, preferably within a period of four weeks from the date of filing. 5. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 23rd February 2010 ajr