THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.26613 of 2010 DT.27.10.2010 Between: Sri Gouni Shiva Ram Goud … Petitioner And The Director, Civil Supplies Department, Government of A.P. Civil Supplies Bhavan, Somajiguda, Hyderabad and others … Respondents Counsel for the Petitioner: Mrs.Bollam Lingaiah Yadav Counsel for respondents: AGP for Civil Supplies The Court made the following ORDER: ORDER: In this writ petition, the grievance of the petitioner is that even while his application for stay of order, dated 04.10.2010, bifurcating his fair price shop is pending before respondent No.1, respondent No.3 is proceeding to appoint a fair price shop dealer in respect of the bifurcated shop. It is specifically stated in the affidavit of the petitioner that on 25.10.2010, the petitioner has filed an appeal before respondent No.1 questioning the order of bifurcation and as respondent No.1 is away from Hyderabad on some election duty, he is not taking up the stay application. That in the meantime, respondent No.3 is seeking to proceed with finalizing the selection and appointment of fair price shop dealer of the bifurcated shop. I have heard the learned Assistant Government Pleader for Civil Supplies. The petitioner is provided with the remedy of appeal for questioning the order of bifurcation. Therefore, such a remedy cannot be allowed to be frustrated on account of the inability of the appellate authority to take up the appeal and the stay application. Till an order is passed on the stay application of the petitioner, respondent No.3 is not justified to proceed with the selection and appointment of fair price shop dealer for the newly created shop. For the above mentioned reasons, the writ petition is disposed of with a direction to respondent No.1 to dispose of the petitioner’s stay application stated to have been filed along with the appeal, within a period of two weeks from the date of receipt of a copy of this order. Till communication of the order on stay application to the petitioner by respondent No.1, respondent No.3 shall not proceed with the selection of the fair price shop dealer for the bifurcated shop in pursuance of his notification, dated 14.10.2010. As a sequel to disposal of the writ petition, W.P.M.P.No.33982 of 2010 filed by the petitioner for interim relief is dismissed as infructuous. (C.V.NAGARJUNA REDDY, J) Date: 27.10.2010. VGB