IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 22433 of 2008 Between: Challa Venkat Rao S/o. Veeraiah R/o. Godavarru Village, Chebrolu Mandal, Guntur District. ..... PETITIONER AND 1 The Director of Civil Supplies, A.P., Hyderabad. 2 The Director Collector ( Civil Supplies), Guntur, Guntur District. 3 The Sub Collector, Tenali, Guntur District. 4 The Tahsildar, Chrbrolu Mandal, Guntur District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus by declaring the impugned Proceedings RC.No. 1743/2008/S1, Dated: 10- 09-2008, passed by the 2nd respondent herein whereby bifurcating and creating new shop at S.C.Colony, Godavarru Village, Chebrolu Mandal, Guntur District is illegal, void and abinitio and consequently further declare that the impugned notiﬁcation vide Rc.No. 16/8/08/A, Dated 25.09.2008 for appointment of Fair Price Shop dealer under SC Category for Godavarru Village, Chebrolu Mandal, Guntur District is illegal void abnitio and contrary to the G.O.Ms.No. 35 Dated: 17-9-2008. Counsel for the Petitioner: MR.K.SRINIVAS Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.22433 of 2008 O R D E R : This writ petition is ﬁled seeking a declaration that the proceedings of the 2nd respondent dated 10-09- 2008 creating a new fair price shop by bifurcating the cards attached to the petitioner’s shop is arbitrary and illegal. The petitioner also seeks a declaration that the consequential notification dated 29-05-2008 issued by the 3rd respondent inviting applications for appointment of a dealer to the newly created shop is arbitrary and illegal. At the outset, it is to be noted that as against the impugned order of bifurcation, an eﬃcacious alternative remedy of appeal is available before the Director of Civil Supplies and without exhausting such an alternative remedy; the petitioner cannot maintain this writ petition. Petitioner states that as a matter of fact, such appeal has already been preferred, however, since the concerned Oﬃcer is on leave, his appeal has not yet been taken up. Learned Government Pleader for Civil Supplies under instructions stated that the Additional Director of Civil Supplies has been kept in-charge and the appeal preferred by the petitioner would be considered in accordance with law. In the circumstances, without going into the merits of the case, the writ petition is disposed of with a direction to the Additional Director of Civil Supplies, A.P. Hyderabad to consider the application for stay ﬁled by the petitioner along with his appeal and pass appropriate orders within a period of one week from the date of receipt of a copy of this order. Meanwhile, any appointment made pursuant to the notiﬁcation dated 25- 09-2008 shall be subject to further orders that may be passed by the Additional Director of Civil Supplies. Furnish a copy of the order to the Additional Director of Civil Supplies also. No costs. ______________ G. ROHINI, J Date: 15-10-2008 Note: Issue C.C. by tomorrow. B/o KLP`