THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.16639 OF 2009 Dt.13.8.2009 Between: Sri Racholla Nagaraju … Petitioner And The District Collector (CS) Medak District at Sangareddy and others … Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.16639 OF 2009 ORDER: The petitioner approached this Court and filed the present Writ Petition questioning the appointment of fourth respondent as fair price shop dealer of Shop No.7 of Kohir Village and Mandal, Medak District. Brief facts of the case are that the petitioner’s father was the fair price shop dealer of Shop No.7 of Kohir Village and consequent upon his death on 24.9.2008 as the said dealership became vacant, a notification calling upon applications to fill up the vacancy was issued on 29.11.2008. It appears, seven candidates were interviewed for appointment of the dealer of the shop and on the basis of the report of respondent No.3 – Tahsildar, that the petitioner is not residing in Kohir Village, the petitioner’s candidature was not considered by the appointing authority, i.e., the Revenue Divisional Officer. As stated supra, the same is questioned in this Writ Petition. Apparently, Clause 20 of the A.P. State Public Distribution System (Control) Order, 2008 deals with appeals according to which the Joint Collector is conferred with the powers to decide the appeals against the orders of this nature. Hence, this Court is not inclined to go into the merits of the case. The petitioner is therefore directed to approach the appellate authority and file an appeal within a period of two weeks, and the appellate authority shall decide the said appeal within a period of four weeks thereafter. While deciding the appeal, the appellate authority may afford an opportunity to the fourth respondent, who is appointed by the Revenue Divisional Officer as fair price shop dealer of the shop. Till the said appeal is disposed of, no permanent arrangement, by appointing the fourth respondent as fair price shop dealer, shall be made. It is needless to observe that the petitioner can canvass before the appellate authority about his residence and the appellate authority is hereby directed to look into the said aspect of residence of the petitioner while disposing of the said appeal. With the above directions and observations, the Writ Petition is accordingly disposed of. No costs. ______________________________ JUSTICE GOPALA KRISHNA TAMADA 13.8.2009 bnr Note: C.C. by 17.8.2009. (B.O) bnr