IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11776 of 2008 Between: 1 Mullapudi Venkata Lakshmi, W/o. Srinivas, Hindu, R/o. Racherla Village, Pentapadu Mandal W.G.District. 2 P.Padmavathi, W/o. Venkata Ramana, Hindu, R/o. Meenavalluru village, Pentapadu Mandal W.G.District. 3 Pulla Satyanarayana, S/o. Surya Rao,Hindu, R/o. Vallurupalli Village, Pentapadu Mandal W.G.District. 4 Veerla Ramachandra Rao, S/o. Veeraiah,Hindu, R/o. Prathipadu Village, Pentapadu Mandal W.G.District. 5 Gatipalli Lakshmana Rao, S/o. Venkateswara Rao,Hindu, R/o. Mudunuru Village, Pentapadu Mandal W.G.District. ..... PETITIONERS AND 1 The State of Andhra Pradesh, Rep by its Secretary, Food and Civil Suplies, Department, Secretariat, Hyderabad. 2 The District Collector, West Godavari District, Eluru. 3 The Revenue Divisional Officer, Eluru, W.G.District. 4 The Tahsildar, Pentapadu Mandal, W.G.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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the proceedings of the 2nd respondent in Roc.No.33/2008(CS9) dt. 02.04.2008 and the action of the respondents 3 and 4 in taking the steps to implement the said proceedings by inviting applications to appoint the dealers to the new shops by issuig Notification in R.C.NO. 126/2008/C dt.24.05.2008 without giving any notice or opportunity of hearing as illegal, arbitrary and contrary to A.P. State Public Distribution System Control Order 2001 and also G.O.Ms.No.35 dt. 17-09-2007 and consequently direct the respondents not to bifurcate the F.P. shops of the petitioners. Counsel for the Petitioner:MR.K.CHIDAMBARAM Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11776 of 2008 ORDER: The writ petition is filed seeking to issue a writ of Mandamus declaring the action of the 2nd respondent in issuing proceedings vide Roc.No.33/2008(CS9), dated 02.04.2008, and the action of respondents 3 and 4 in taking steps to implement the said proceedings even before considering the objections raised by the petitioners as illegal and arbitrary and consequently, to direct the respondents not to bifurcate the fair price shops of the petitioners as per the said proceedings. The grievance of the petitioners is that Shop Nos.1, 8, 13 and 14 held by them are sought to be bifurcated by creating another shops, without considering the objections raised by them. Under those circumstances, the 3rd respondent-Revenue Divisional Officer is directed to consider the objections raised by the petitioners as to the bifurcation of the shops and then pass appropriate orders as per law. Till such time, status quo as on today shall be maintained and the impugned order insofar as the petitioners is concerned, shall not be given effect to. The writ petition is, accordingly, disposed of, at the stage of admission. There shall be no order as to costs. ___________ 12-06-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}