THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P. No. 10990 OF 2010 AND W.P. NO. 11361 OF 2010 DATED: 12TH MAY, 2010 Between : The Dommeru Primary Agricultural Cooperative Credit Society Limited, Rep. By its President Kalagara Venkata Rao, Dommeru Kovvur Mandal, West Godavari District. Petitioner in both the Writ Petitions And District Collector, Eluru, West Godavari District and three others Respondents in W.P. No. 10990 of 2010 The State of Andhra Pradesh Rep.by its Secretary to Civil Supply Dept., Secretariat, Hyderabad and three others Respondents in WP No. 11361 of 2010 COMMON ORDER: The petitioners question bifurcation of the existing fair price shop No. 40 situated at Dommeru village, Kovvur Mandal, West Godavari District. The petitioner’s case is that they are running the said fair price shop for the last twenty five years and there is no single complaint either from the cardholders or the village people. The petitioner, therefore, questions the notification issued by the Government wherein it has proposed bifurcation of the said shop into five shops i.e. shop Nos. 51 to 55, as per the guidelines issued in GO Ms. No.35 Consumer Affairs, Good and Civil Supplies (CSI) Department dated 17.9.2007. The petitioner submits that they have filed an appeal before the second respondent, but, however, during the course of hearing in the last week, it was pointed out that an appeal lies with the Director of Civil Supplies, in accordance with the Rules and the said Appellate Authority is the competent authority to consider the petitioner’s objections. Learned Government Pleader submits that further proceedings as per the notification would take further some time and it may not be possible to finalise the proceedings before 30.06.2010. The petitioners have filed Writ Petition No. 10990 of 2010 seeking the relief that without considering the appeal preferred before the second respondent against the said notification, the respondents may not finalise the bifurcation of existing fair price shop No. 40. Since the second respondent in W.P. No. 10990 of 2010 is not competent, the petitioners have now filed an appeal before the Competent Authority, as mentioned above. In view of this, the Writ Petition No. 10990 of 2010 has become infructuous and accordingly dismissed. So far as the Writ Petition No. 11361 of 2010 is concerned, the same shall stands disposed of by directing the second respondent to hear and determine the appeal preferred by the petitioner in accordance with law on or before 30.06.2010 and in any case before the finalisation of the notification in RC No. B1951/2010 dated 17.4.2010 of the Revenue Divisional Officer, Kovvur, West Godavari District. No order as to costs. Justice Vilas V. Afzulpurkar May 12, 2010 MAS