IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16835 of 2008 Between: Varuna Super Bazaar ( The Bhimavaram Consumers Co-operative Central Stores Ltd. No. 150F ), Bhimavaram, West Godaqvari District, Fair Price Shop Dealer, Shop Nos. 17, 20 and 76, rep. by its Manager, Ch.Venkata Swamy, S/o. Veerabhoga Vasantharayudu, aged: 58 yrs, R/o. Mentevari Thota, Bhimavaram, W.G.Dist. ..... PETITIONER AND 1 The Govt. of A.P., Rep. by its Principal Secretary, Consumer Affairs, Food & Civil Supplies Department, Secretariat, Saifabad, Hyderabad. 2 District Collector, West Godavari District, Eluru. 3 The Joint Collector (C.S.) West Godavari District, Eluru, West Godavari District. 4 The Revenue Divisional Officer, Narsapur, West Godavari District. 5 The Mandal Revenue Officer, Bhimavaram Mandal, Bhimavaram, West Godavari 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 of Mandamus or any other appropriate writ, order or direction declaring the proceedings R.O.C.No.33/2008 (CS 9) dt. 13.06.2008 issued by the District Collector, West Godavari District, Eluru, 2nd Respondent herein and the consequential proceedings R.O.C.No. 1602/2008/E dt. 19.07.2008 issued by the Revenue Divisional Oﬃcer, Narsapur, West Godavari District, 4th Respondent herein as illegal, arbitrary, unreasonable, irrational and violative of Articles 14 adn 21 of the Constitution of India and violative of G.O.Ms.No. 35 Consumer Aﬀairs Food & Civil Supplies (Civil Supplies - I) Department dt. 17.09.2007 and the Observations of this Hon'ble Court in the orders dt. 12.03.2008 passed in W.P.No. 22586 of 2007 and consequently direct the Respondents herein not to interfere with the peaceful business activity of the Petitioner herein in any manner what so ever and pass Counsel for the Petitioner: MR.A.V.SESHA SAI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : ORAL ORDER: The petitioner, who is an authorized dealer of the Fair Price Shop Nos.17 and 20 of Bhimavaram Town and Shop No.76 at Dirusumarru of Bhimavaram Rural Mandal, West Godavari District, ﬁled this writ petition seeking a declaration that the proceedings of the District Collector, dated 13.06.2008 byfurcating the shops in question and also the consequential notiﬁcation dated 19.07.2008 issued by the Revenue Divisional Oﬃcer for appointment of dealer for the newly created shop as arbitrary and illegal. A counter aﬃdavit has been ﬁled on behalf of the respondents stating that pursuant to the impugned notiﬁcation dated 19.07.2008, the appointments were already ﬁnalized and a dealer has been appointed for the newly created shop. Having regard to the said fact, interference by this Court at this stage is not warranted. However, it shall not preclude the petitioner to work out the remedies available under law, if he so chooses. Accordingly, the Writ Petition is disposed of with the above observations. ____________ (G. Rohini, J.) 22nd September, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Govt. of A.P., Rep. by its Principal Secretary, Consumer Affairs, Food & Civil Supplies Department, Secretariat, Saifabad, Hyderabad. 2 District Collector, West Godavari District, Eluru. 3 The Joint Collector (C.S.) West Godavari District, Eluru, West Godavari District. 4 The Revenue Divisional Officer, Narsapur, West Godavari District. 5 The Mandal Revenue Officer, Bhimavaram Mandal, Bhimavaram, West Godavari District. 6 2 CCs to G.P. for Civil Supplies, High Court of A.P. Hyderabad.(OUT) 7 2 CD copies.