IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12225 of 2008 Between: Kothapalli Kiran Kumar s/o. Late K.Thimmappa R/o. Gadekal Village, Vidapanakal Mandal, Anantapur Dsitrict ..... PETITIONER AND 1 The Revenue Divisional Officer, Anantapur. 2 The Tahsildar, Vidapanakal mandal, Anantapur District. 3 G. Muraleeswar Reddy S/o. G.Mantthakal Reddy R/o. Gadekal Village, Vidapanakal Mandal, Anantapur District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ or writs, order or direction declaring the proceedings dt. 31.5.2008 in RC.No. 880/D1/CS/2008 on the file of the first respondent herein as illegal, arbitrary and unconstitutional; Award costs. Counsel for the Petitioner:MR.N.RANGA REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12225 of 2008 ORDER: Petitioner questions the order of the 1st respondent in appointing the 3rd respondent as Fair Price Shop Dealer of Gadekal Village, Vidapanakal Mandal, Ananthapur District. It is stated that the 3rd respondent is not at all meritorious than the petitioner and the appointing authority, without assessing merits and demerits merely stating that the 3rd respondent is financially sound to run Fair Price Shop than the petitioner and others, appointed the 3rd respondent as Fair Price Shop dealer. I am of the opinion that it is just and proper for the appellate authority to consider the said contentions as to whether there was any preference that has to be given to the financially sound persons and as to whether the poverty is the basis for eliminating the petitioner, are all matters to be considered by the appellate authority. Having regard to the facts and circumstances of the case, as the impugned order is an appealable, the petitioner is permitted to file an appeal before the appellate authority within one week from the date of receipt of a copy of this order. On filing such appeal before the Joint Collector concerned, the Joint Collector shall consider and dispose of the appeal as expeditiously as possible preferably within four weeks from the date of receipt of such appeal, after giving reasonable opportunity to the petitioner as well as the 3rd respondent. Accordingly, the writ petition is disposed of. There shall be no order as to costs. __________ 13-06-2008 Note: Issue C.C. in two days (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}