THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G.V. SEETHAPATHY WRIT APPEAL NO :1084 of 2009 Date: 8.9.2009 Between: Davuluri Siva Ramakrishna, S/o. Venkata Rao, East Godavari District. ..... APPELLANT AND The District Collector, Kakinada, East Godavari District and others. .....RESPONDENTS THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G.V. SEETHAPATHY WRIT APPEAL NO :1084 of 2009 ORAL JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) This writ appeal is directed against the order dated 18th June, 2009 of the learned single Judge made in W.P.M.P. No. 4043 of 2009 in Writ Petition No. 3122 of 2009, whereby and whereunder the learned single judge dismissed the interlocutory application filed by them. The appellants are the writ petitioners. They filed the aforementioned writ petition before the learned single judge assailing the notification dated 11.2.2009 issued by the respondents inviting applications from the interested candidates for appointment of new fair price shop dealers for Yeleswaram and Sankavaram Mandals. In that writ petition, they filed W.P.M.P. No. 4043 of 2009 seeking stay of all further proceedings in pursuance of the aforesaid notification. The learned single judge, by the order impugned in this appeal, dismissed the said application holding that mere existence of a prima facie case is not enough for granting an interim order. He further observed that the elements of balance of convenience, irreparable injury and public interest which are essential for granting an interim order are not in favour of the petitioners to prevent the dealers, who are already appointed from functioning; that no benefit will accrue to the appellants/writ petitioners if the newly appointed dealers are restrained from functioning and indeed such an order would severely affect public interest. Feeling aggrieved, the appellants filed the present appeal. Admittedly, the learned single judge passed the impugned order in exercise of his discretion. In view of the fact that the impugned order is only an interim order and the learned single Judge did not pass any order affecting the rights of the appellants or touching upon the merits of the matter, we are not inclined to entertain the writ appeal. The writ appeal fails and it is accordingly dismissed. However, the registry is directed to post the main writ petition itself for hearing before the learned single Judge on 16.11.2009 on the top of the list . The writ appeal is accordingly disposed of. No costs. ___________________ T.MEENA KUMARI,J Date: 8th September, 2009 ___________________ G.V.SEETHAPATHY,J pnb