THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.23799 of 2011 Date: 24.08.2011 Between : Podeti Raghava Rao … Petitioner and The Special Commissioner of Civil Supplies & Ex-officio Special Secretary to Government of Andhra Pradesh, Civil Supplies Bhavan, Somajiguda, Hyderabad and another. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.23799 of 2011 ORDER : Heard Sri B. Lingaiah Yadav, learned counsel appearing for the petitioner as well as the learned Government Pleader for Civil Supplies appearing for the respondents and with their consent this writ petition is being disposed of at the admission stage. 2. The petitioner has assailed the notification issued by the Revenue Divisional Officer, Khammam Division, Khammam, the 2nd respondent herein, in Rc.No.C2/249/2010 dated 02.08.2011 bifurcating the Fair Price Shop of the petitioner as arbitrary and illegal. 3. The petitioner is the authorised fair price shop dealer in respect of Shop No.7019 of Edulapuram Village, Khammam Rural Mandal, Khammam District. It is stated that the shop of the petitioner is attached with more than 600 distribution cards. However, a proposal was moved by the Tahsildar, Khammam Rural Mandal for bifurcating the said shop vide proceedings No.D/184/2010, dated 05.10.2010 and for creation of a new fair price shop in the same village. Aggrieved by the said action, the petitioner has filed an appeal No.N1/5415/2010 before the 1st respondent on 25.10.2010 and the same is pending. It is stated that the said appeal is posted for final hearing in the month of September 2011 and in the meanwhile the 2nd respondent has issued the impugned proceedings dated 02.08.2011 inviting applications for appointing a fresh dealer in respect of the newly created shop. Aggrieved by the same, the petitioner has filed the present writ petition. 4. Indisputably, the order bifurcating the shop of the petitioner is under challenge in appeal before the 1st respondent. The appeal is posted for hearing in the month of September 2011. Therefore, the 2nd respondent ought to have awaited the result of the appeal before proceeding to appoint a new dealer. Needless to say that if the appointment is made and in the event of the basic order creating new shop is set aside in the appeal, it would not only affect the petitioner, but also the prospective applicant. It is, therefore, desirable that the appointment pursuant to the notification be deferred until the disposal of the appeal by the 1st respondent. 5. In the circumstances, this writ petition is disposed of directing the 1st respondent to dispose of the appeal No.N1/5415/2010 filed by the petitioner as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. Till the disposal of the appeal, the appointment of dealer in pursuance of the notification Rc.No.C2/249/2010, dated 02.08.2011 shall be kept in abeyance. There shall be no order as to costs. ________________________ JUSTICE NOUSHAD ALI 24.08.2011. NOTE: Issue C.C. today. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.23799 of 2011 24.08.2011 (Msr)