IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.11102 of 2008 Between: K. Nagabushanam, S/o. K. Seetharamaswamy, R/o. D.No. 4-69, L.N.D. Peta, Polavaram Mandal, West Godavari District. ..... PETITIONER AND 1 The Collectorate, Rep. by its District Collector, West Godavari District. 2 The Revenue Divisional Office, Rep. by its Revenue Divisional Officer, J.R. Gudem, West Godavari District. 3 The Mandal Revenue Office, Rep. by its Tahsildar, Polavaram Mandal, West Godavari District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the order in ROC. NO. 33/2008 (CS.9) dt. 25-03-2008 issued by the 1st respondent in seeking to appoint Fair Price Shop dealer in respect of New Fair Price Sho No.33 at L.N.D. Peta, Polavaram Mandal, J.R. Gudem Division, West Godavari District without following the instructions contained in G.O.Ms.No. 35, Consumer Affairs Food & Civil Supplies (CS-I) Department, dt. 17-09-2007 as the same is illegal, and arbitrary and consequently direct the respondents not to bifurcate the Fair Price Shp No. 25 of L.N.D. Peta, Polavaram Mandal, West Godavari District till the date of 31-03-2009 and pass Counsel for the Petitioner:MR.L.RAVICHANDER Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.11102 of 2008 ORDER: This writ petition is directed against the order, dated 25-03-2008, passed by the 1st respondent for bifurcation of the existing two Fair Price Shops of L.N.D.Peta, Polavaram Mandal, West Godavari District, into four Fair Price Shops. According to the petitioner, there is no viability of running two more Fair Price Shops in the said village, as the total number of cards available in the village is only 800 and odd. Learned Government Pleader appearing for the respondents submits that against the impugned order, statutory appeal is available before the Director of Civil Supplies and instead of availing remedy of appeal, the petitioner has straight away approached this court and filed the present writ petition, which is not maintainable. In view of the above, without expressing any opinion on the merits, the petitioner is directed to file a statutory appeal before the Director of Civil Supplies within a period of one month from today and, on filing such appeal, the Director of Civil Supplies shall dispose the same within a period of four weeks thereafter. However, during pendency of the appeal, status-quo obtaining as on today shall be maintained. With the above direction, the writ petition is disposed of. There shall be no order as to costs. ___________ 21-05-2008 Note: Issue C.C. in two days (B/o) Prv/V v ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}