THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27677 of 2009 March 29, 2010 Between: K.Sriramulu, S/o.Narsimulu … Petitioner And State of Andhra Pradesh, represented by its Ex-Officio, Consumer Affairs, Food and Civil Supplies Department, Secretariat, Hyderabad, And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27677 of 2009 ORDER: The petitioner was appointed as dealer of Fair Price Shop (FPS) No.2 of Kandi Village of Sangareddy Mandal in Medak District. The third respondent issued notification dated 08.10.2009 calling for applications from eligible candidates for appointment as dealer of FPS No.4 (newly created from FPS No.2) of Kandi Village. Aggrieved by the action of the third respondent in contemplating to bifurcate existing FPS No.2 of Kandi Village, present writ petition is filed. The Assistant Government Pleader brought to the notice of this Court the G.O.Ms.No.35, dated 17.09.2007, containing new guidelines for rationalization of FPSs. The District Collector has bifurcated the shops and directed the third respondent to take necessary action and issue notification. By a letter, the District Collector bifurcated each existing one shop into two shops. In pursuance thereof, the impugned notification was issued. Counsel for both the parties, relied on Paragraph No.6 of sub-paragraph (v) of the Government Order referred to hereinabove. The petitioner contends that unless the minimum number of cards in a village is 600, there cannot be bifurcation of shops. The Assistant Government Pleader contends that if there are more number of cards in excess of minimum number of cards of 400, there can be two FPSs., provided there will not be less than 600 cards in a village in which case these cards can be equally attached to two FPSs. In an unreported judgment in W.P.No.1715 of 2009, I have considered the above matter. However, at this stage, this Court is not inclined to go into that aspect, as the Government vide G.O.Ms.No.25, dated 18.3.1998, provided for a right of appeal to the Director of Civil Supplies, Andhra Pradesh, Hyderabad. The petitioner filed this writ petition without availing the remedy available to him, and as verification of records and appreciation of facts are involved, it would be in the interests of the petitioner, if he approaches the appellate authority in the first instance. The writ petition for the above reasons is disposed of giving liberty to the petitioner to file appeal within a period of two weeks from the date of receipt of a copy of this order. As and when the appeal is filed, the Director of Civil Supplies may entertain the appeal and pass appropriate orders keeping in view the orders of this Court in W.P.No.1715 of 2009, dated 11.03.2010. As the petitioner is continued as FPS dealer for a very long time, it would be proper to order status quo as on today. The appellate authority may dispose of the appeal within a period of eight weeks, after it is filed. There shall be no order as to costs. ______________ (V.V.S. RAO, J) March 29, 2010 YS