IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.27157 of 2005 Between: Mannem Suresh, S/o. Malakondaiah, R/o. Yapinapi Village Kaligiri Revenue Mandal, Nellore District. ..... PETITIONER AND 1 Joint Collector, Nellore District, Nellore. 2 The Revenue Divisional Officer, Kavali Revenue Division, Nellore District. 3 Chitti Audi Seshaiah, S/o. Kondapa Naidu, Yepinani Village, Kaligiri Mandal, Nellore 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 an order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the Joint Collector directing the RDO, Kavali to re-notify the FPS dealership of Yapinapi Village while allowing the appeal ﬁled by the petitioner and setting aside the appointment of 3rd respondent as FSP dealer, Yapinapi Village is illegal and arbitrary and further declare the action of the RDO, Kavali in issuing notices where in he directed the petitioner, Sri Audiseshaiah i.e. Respondent No. 3 herein and Smt. Anuradha, W/o. Raj Gopal to attend for an interview as illegal and arbitrary and contrary to the procedure contemplated under the provisions of the Distribution of Essential Commodities by Car System order 1983 and consequently declare that the petitioner is entitled to be appointed as FPS dealer of Yapinapi Village after setting aside the appointment of Respondent No.3 which is illegal and pass such other or further orders or orders as this Hon'ble Court may deem fit, proper and necessary in the interest of justice. Counsel for the Petitioner: MR.K.ASHOK REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27157 of 2005 ORDER: The petitioner is resident of Yapinapi Village, Kaligiri Mandal, Nellore District. He along with others applied for fair price shop (FPS) dealership of the village pursuant to a notiﬁcation dated 30.01.2004 issued by second respondent. After following due selection process as contemplated under the Andhra Pradesh State Public Distribution System Control Order, 2001 (Control Order, for brevity), second respondent provisionally appointed third respondent as FPS dealer of the village. The petitioner then preferred an appeal to ﬁrst respondent. The appeal was allowed and appointment of third respondent was set aside. Second respondent was also directed to initiate fresh action, pursuant to which again notiﬁcation was issued. Again third respondent was selected by proceedings dated 13.11.2005. This order is assailed in this writ petition. The contention of the petitioner is that selection of third respondent is arbitrary. The matter is being disposed of at the interlocutory stage because as rightly pointed out by the learned Assistant Government Pleader for Civil Supplies, the petitioner has not availed the eﬀective eﬃcacious alternative remedy under clause 20(1) of Control Order, which provides for an appeal to the Joint Collector. Though the petitioner successfully availed such remedy in ﬁrst stage of selection, when second time selections were held, he bypassed the alternative remedy and approached this Court. Therefore, it is not proper for this Court to entertain the writ petition. The petitioner is given liberty to prefer appeal before ﬁrst respondent within a period of four weeks from the date of receipt of a copy of this order. As and when such appeal is preferred, the same may be entertained and appropriate orders be passed after issuing notice to third respondent. In this writ petition no relief can be granted. The writ petition, with the above observations, is accordingly disposed of. No costs. _____________ (V.V.S.RAO, J) 02nd September, 2008 GHN To 1 Joint Collector, Nellore District, Nellore. 2 The Revenue Divisional Officer, Kavali Revenue Division, Nellore District. 3 Chitti Audi Seshaiah, S/o. Kondapa Naidu, Yepinani Village, Kaligiri Mandal, Nellore District. 4 2CCs to Government Pleader for Civil Supplied. 5 2CD copies Form-NIC-OGS/WP{RLD}