THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10606 of 2010 Dated:30.04.2010 Between: Guglothu Mohan. …Petitioner And Government of Andhra Pradesh, Rep.by its Principal Secretary, Revenue, Secretariat, Saifabad, Hyderabad, And others. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10606 of 2010 ORDER: The petitioner is aggrieved by the appellate order dated 01.04.2010 passed by the District Collector (Civil Supplies)/Joint Collector, Khammam, in setting aside the proceedings of the Revenue Divisional Officer, dated 18.03.2010, whereby the petitioner herein and eight others were appointed as dealers of various fair price shops in Khammam Town. An appeal was filed under Clause 20(2)(i) of the Andhra Pradesh State Public Distribution System (Control) Order, 2008, challenging appointment of six persons as fair price shop dealers. The petitioner’s appointment, however, was not challenged. The appellate authority, namely, Joint Collector, by order dated 01.04.2010 allowed the appeals filed against the proceedings of the Revenue Divisional Officer, set aside the same and directed the appointing authority to conduct fresh interviews. As a result of the same, the petitioner was not issued authorization to lift the stocks for distribution to the cardholders. He was informed that the appointment was cancelled by the Joint Collector. Therefore, he filed the instant writ petition. After getting instructions, Assistant Government Pleader is not able to seriously dispute the contention of the petitioner that no appeal was filed questioning his appointment. Even otherwise, there was no notice to him and therefore the impugned order is unsustainable. In view of the above, as there was no challenge to the appointment of the petitioner made by the Revenue Divisional Officer, the Revenue Divisional Officer shall proceed further and issue authorization to the petitioner. Be it made clear, unless and until authorization is cancelled or suspended, or appointment is set aside by the appellate authority, the petitioner cannot be prevented to function as fair price shop dealer. The Writ Petition is allowed accordingly. ____________ (V.V.S.RAO, J) 30.04.2010 vs