IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20027 of 2008 Between: K.Indravathi W/o.K.Subba Reddy Hindu Fair Price Shop Dealer Tammaluru(V) Mundlamuru(M) Prakasam District ..... PETITIONER AND 1 The Director of Civil Supplies Government of Andhra Pradesh,Civil Supplies Bhavan Andhra Pradesh,Hyderabad 2 The Collector District Magistrate Ongole,Prakasam District 3 The Revenue Divisional Officer Kandukuru,Prakasam District 4 The Tahsildar Mundlamuru(M) Prakasam District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ or order direction more particularly one in the nature of writ of Mandamus declaring the order of 2nd respondent in proceedings Rc No.CS2/2426/2008 dt 18-8-2008 directing the bifurcation of the existing Fair Price Shop of the petitioner in Tammaluru(V) Mundlamuru(M),Prakasam District and 3rd respondent herein to create proposed Fair Price Shop in Peda Ravipadu(V) and ﬁll up the same on regular basis and the consequential Notiﬁcation issued by the 3rd respondent in all further proceedings No.F/657/2008 dt 29-08-2008 calling for the application from the eligible candidates for attending interview on 15-9-2008 for the ﬁlling up the post of Fair Price shop Dealer of the proposed Fair Price Shop in Peda Ravipadu(V) Mandlamuru(M) Prakasam District and the eventual inaction of the 1st respondent in not granting stay of the order of the 2nd respondent in proceedings Rc No.CS2/2426/2008 dt 18-8-2008 and all further proceedings in pursuance thereof pending disposal of the Statutory Appeal No.N1/7106/2008 as arbitrary illegal improper, null, void, vitiated unjust, unconstitutional, without jurisdiction non set in law violative of principles of natural justice violative of the Statutory guidelines issued in Go Ms No.35 C.A&CS Dept dt 17-9-2007 and violative of Article 14,19(1) (g) and 21 of the constitution of India and grant such other necessary relief or reliefs. Counsel for the Petitioner: MR.RAJANIKANTH JWALA Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 20027 of 2008 O R D E R: This writ petition is ﬁled challenging the order of the 2nd respondent dated 18-08-2008 thereby creating a new fair price shop at Pedaravipadu Village, Mundlamuru Mandal by bifurcating the existing fair price shop at Tammaluru Village, Mundlamuru Mandal, Prakasam District in respect of which the petitioner is the authorized dealer. Aggrieved by the same, the petitioner preferred an appeal before the 1st respondent- Director of Civil Supplies along with an application seeking stay of the operation of the order dated 18-08- 2008. It is stated that though the 1st respondent entertained the appeal, the petitioner’s application for stay of the impugned order of bifurcation has not been considered. Aggrieved by the said action of the 1st respondent, the present writ petition is filed. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. Since the statutory appeal is pending before the 1st respondent, though I am not inclined to express any opinion on merits, having regard to the facts and circumstances of the case, I deem it appropriate to protect the interest of the petitioner by staying the order of the 2nd respondent dated 18.8.2008 till the appeal is decided on merits. Accordingly, the writ petition is disposed of with a direction to the 1st respondent to consider and dispose of the appeal pending on his and pass appropriate orders in accordance with law as expeditiously as possible preferably with in a period of four weeks from the date of receipt of a copy of this order. Till such time, the order of the 2nd respondent dated 18-08-2008 shall not be given effect to. No costs. ______________ G. ROHINI,J Date: 15-09-2008 Note: Issue wire at party’s cost. B/o KLP