THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4309 OF 2010 DATED:02.03.2010 Between: D.Narsimhulu .. Petitioner And The Collector and District Magistrate, Prakasam District and another .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4309 of 2010 ORDER: The petitioner is a Fair Price Shop (FPS) Dealer of Gundreddypalli Village, Prakasam District. 369 White cards, 23 Pink cards and 11 Anthyodaya cards are attached to his shop. In purported exercise of the power under the relevant order being G.O.Ms.35, dated 17.09.2007, the first respondent accepted the proposal sent by the lower officials and issued proceedings dated 26.03.2009 bifurcating the petitioner’s shop into Gundreddypalli FPS and Nagireddypalli Village FPS. Of such proposal, the petitioner would be left with 227 White cards, 12 Pink cards and 5 Anthyodaya cards. Aggrieved by the same, he filed the present Writ Petition, inter aliea, contending that as per the norms prescribed in G.O.Ms.No.35, with 400 to 450 White cards alone, a Fair Price Shop would be financially viable. Opposing the Writ Petition, learned Assistant Government Pleader for Civil Supplies placed before this Court a copy of G.O.Ms.No.25, dated 18.03.1998. As per the said Government Order, against any order passed by the District Collector, an appeal would lie to the Director of Civil Supplies and a further revision is provided to that effect. As the issues involve adjudication of purported right of the petitioner flowing from an administrative instruction, it would be in the interest of petitioner himself to relegate him to the appellate authority. The Writ Petition is, accordingly, disposed of giving liberty to the petitioner to prefer an appeal to the Director of Civil Supplies, Hyderabad, against the order of the District Collector. It shall be open to the petitioner to file an appeal with a typed copy of this order and seek condonation of delay. No order as to costs. ______________ (V.V.S. RAO, J) 2nd March 2010 Note: Furnish C.C. by 06.03.2010 (B/o) KH