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 : 22194 of 2008 Between: Merugu Hemalatha, W/o. Vereshu, R/o. Nallaballi Village, Sangem Mandal, Warangal District. ..... PETITIONER AND 1 The District Collector, Warangal, Warangal District. 2 The Revenue Divisional Officer, Warangal Division, Warangal District. 3 The Tahsildar, Sangem Mandal, Warangal Districdt. 4 The Director of Civil Supplies of Andhra Pradesh, Civil Supplies Bhavan, Erramanzil, Hyderabad. .....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 an appropriate Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the order dated 07-06-2008 in Progs. F2.440/07- 2 passed by the 1st respondent herein whereby bifurcating Fair Price Shop of Nallaballi into Nallaballi Shop No.1 and Kothapalli Shop No.2 as illegal and in Contrary to G.O.Ms.No. 35, Consumer Aﬀairs Food & Civil Supplies (CS-I) Department, dt. 17-09-2007 and consequently set aside the impugned order dt. 07-06- 2008 in Progs. F2.440/07-2 passed by the 1st respondent. Counsel for the Petitioner: MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 22194 of 2008 O R D E R: This writ petition is ﬁled seeking a declaration that the order dated 07-06-2008 passed by the ﬁrst respondent-District Collector, thereby creating additional shop in Warangal Division by bifurcating the cards attached to the petitioner’s shop is arbitrary and illegal. At the outset, it is to be noted that as against the impugned order, an eﬃcacious remedy of appeal is available before the Director of Civil Supplies. Hence, the petitioner cannot straight away approach this Court invoking the extraordinary jurisdiction under Article 226 of the Constitution of India. As a matter of fact, the petitioner states that she has already preferred such an appeal before the 4th respondent along with an application for stay. However since the oﬃce is vacant, her appeal has not been taken up. Learned Government Pleader for Civil Supplies under instructions stated that the Additional Director of Civil Supplies is kept in charge and he would consider the appeal preferred by the petitioner. In the circumstances, without expressing any opinion on merits, the writ petition is disposed of with a direction to the Additional Director of Civil Supplies A.P., Hyderabad to consider the petitioner’s appeal as well as the application for stay and pass appropriate orders in accordance with law as expeditiously as possible preferably with in a period of two weeks from the date of receipt of a copy of this order. Till such time, status quo with regard to the impugned order so far as the petitioner’s shop is concerned shall be maintained. No costs. ______________ G. ROHINI,J Date: 15-10-2008 KLP