HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26307 of 2010 Date 25.10.2010 Between: A.Subba Rao. ..... PETITIONER AND The Revenue Divisional Officer, Tenali, Guntur District and another. .....RESPONDENTS Counsel for the Petitioner : Sri C.Raghu Counsel for Respondent :AGP for Civil Supplies HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26307 of 2010 ORDER: This Writ Petition is filed for a Mandamus to set aside the notification dated 27.09.2010 issued by respondent No.1, whereby he has called for applications for filling up the vacancy of Jonnalagaddavari Palem fair price shop on permanent basis. I have heard Sri C.Raghu, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Civil Supplies. The petitioner’s fair price shop authorization was cancelled by respondent No.1 vide his order dated 17.08.2010. The petitioner filed an appeal against the said order. It is stated to be pending before respondent No.2. Respondent No.1 has issued the impugned notification for filling up the vacancy on permanent basis. The mere fact that the appeal filed by the petitioner against the order of cancellation is pending could not fetter respondent No.1 from filling up the vacancy unless the appellate authority has granted stay of the order of cancellation. It is not the pleaded case of the petitioner that such an order has been passed by respondent No.2. Therefore, no exception can be taken to the action of respondent No.1 in issuing the impugned notification. However, as the validity of the cancellation is the subject matter of appeal pending before respondent No.2, respondent No.1 shall incorporate the condition to the effect that the appointment order shall be subject to the result of the pending appeal or further proceedings that may be initiated by the petitioner. Subject to the above observation, the Writ Petition is disposed of. As a sequel to disposal of the main petition, WPMP.No. 33589 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY,J Date:25.10.2010 usd