IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 21399 of 2003 BETWEEN: Nakka Siva Kumari, D/o. Jaya Rao, F.P. Shop Dealer, Pothukatla, Parchur Mandal, Prakasam District. ... PETITIONER AND 1 The Joint Collector, Ongole, Prakasam District. 2 The Revenue Divisional Officer, Ongole, Prakasam District. 3 The Mandal Revenue Officer, Parchur, Prakasam 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 may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent in issuing the impugned proceedings Rc.No.C.729/2003, dt.1-9- 2003 canceling Fair Price Shop Dealership of the petitioner of Pothukatla, Parchur Mandal, Prakasam District as arbitrary, illegal, unjust and violative of principles of natural justice and consequently set aside the impugned proceedings dt.1-9-2003 and grant such other relief or reliefs. Counsel for the Petitioner: SMT.KAVITHA GOTTIPATI Counsel for the Respondents No.4: MR.D.KRISHNA MURTHY Counsel for the Respondents 1 to 3: GP FOR CIVIL SUPPLIES The Court made the following: ORDER: Petitioner submits that the fourth respondent was the fair price shop dealer at Pothukatla Village, Parchur Mandal and his dealership was cancelled for certain irregularities. Thereafter, a notification has been issued calling on the applications for appointment of dealer and accordingly the petitioner applied and she was selected as the fair price shop dealer. 2. Petitioner further submits that, while so, the fourth respondent filed an appeal before the Joint Collector and pending disposal of the appeal he filed WP.No.22847 of 2002 and this Court while disposing the writ petition by order dated 15.11.2002 directed the Revenue Divisional Officer, Ongole, not to proceed with the appointment of the regular dealer in respect of the said shop held by the fourth respondent till the Joint Collector disposes the appeal and he was directed to dispose the appeal within two months from the date of receipt of a copy of the said order. As the said order was communicated the appointment of the petitioner was cancelled by the impugned order dated 01.09.2003. Petitioner questions the said order. 3. This Court while admitting the writ petition granted interim suspension of the said order dated 01.09.2003 and the same was made absolute by order dated 29.01.2004. 4. Counter has been filed by the second respondent stating that the appeal filed by the fourth respondent was dismissed by the Joint Collector vide orders in RC.CS1/5795/2002 dated 27.10.2003; therefore, I am of the opinion that the order appointing the petitioner has become final. The writ petition is accordingly allowed as prayed for. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 24, 2008 DSK