IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.11076 of 2008 Between: 1 E.Sudhakar, S/o. Narsaiah, Shop No.2, Kunnur village, Jaffargadh Mandal, Warangal District. 2 M.Jagannadham, S/o. Narsaiah, Shop No.1, Kunnur village, Jaffargadh Mandal, Warangal District. ..... PETITIONER(S) AND 1 The District Collector, (Civil Supplies), Warangal, Warangal District. 2 ]The Revenue Divisional officer, Warangal District. 3 The Tahsildar,Jaffargadh Mandal, Warangal District. 4 The Director of Civil Supplies, Civil suplies Bhavan, Erramanzil, Hyderabad. .....RESPONDENT(S) 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 in the nature of Mandamus declaring the inaction of the 4th respondent in not disposing of the Appeal filed on 25-4-2008 against the proceedings dated 16.3.2008 in No.F2/475/2005 issued by the 1st respondent and also to declare the Proceedings dated 16-3-2006 in No.F2/475/2005 issued by the 1st respondent whereby bifurcating existing 2 Fari Price Shops into 3 shops situated in Kunnuru Village of Jaffargadh Mandal, Warangal District, as illegal, arbitrary and contrary to Govt. Memo.No.40829/CS-IV-1/91-1 F & A., Department dated 26-7-1991 and also G.O.MS.No.35 dated 17-9-2007 and be pleased to pass 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 MR JUSTICE C.V.RAMULU WRIT PETITION No.11076 of 2008 ORDER: It appears that the petitioners are Fair Price Shop Dealers of Shop Nos.1 and 2 respectively of Kunur Village of Zaffargadh Mandal, Warangal District. While that being so, by an order of the 1st respondent, dated 16-03-2006, the said two Fair Price Shops were sought to be bifurcated into three shops. Aggrieved thereby, the petitioners filed a regular appeal before the Director of Civil Supplies and the same is pending. However, no stay was granted by the Director of Civil Supplies till 01-04-2008 and the post of Fair Price Shop Dealer in respect of third shop was not filled up. While so, on 01- 04-2008, a notification has been issued by the 2nd respondent calling for applications for filling up of post of Fair Price Shop Dealer for newly created third Fair Price Shop. The petitioners assert that they are still continuing as authorized Fair Price Shop Dealers for shop Nos.1 and 2 respectively as existed prior to 16-03-2006. It is the grievance of the petitioners that though the appeal has been filed along with stay application, neither the appeal nor stay application has been disposed of so far. In view of the above, without expressing any opinion on merits, the Director of Civil Supplies is directed to dispose of the appeal, purported to have been filed by the petitioners, within a period of six weeks from the date of receipt of a copy of this order. However, till such time, no appointment shall be made in respect of the newly created third Shop as per Notification, dated 01-04-2008. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________ 21-05-2008 Prv/V v ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}