THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8307 of 2011 Dated 07th April, 2011 Between: K.Santhi …Petitioner And The Government of Andhra Pradesh, rep.by its District Collector, Chittoor, Chittoor District and others …Respondents Counsel for the petitioner: Sri P.Gangarami Reddy Counsel for respondents: AGP for Civil Supplies The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in not permitting the petitioner to function as fair price shop dealer of Erragudipadu as illegal and arbitrary. The petitioner sought for a consequential direction to permit her to function as fair price shop dealer by allotting essential commodities to her. It is the pleaded case of the petitioner that by order, dated 02.12.2010, she was appointed as fair price shop dealer by the Revenue Divisional Officer, Tirupathi, after regular selection process. Evidently, one of the successful candidates filed an appeal before respondent No.2. The petitioner averred that no order granting stay of her appointment was passed by respondent No.2. It is her grievance that though substantial time has elapsed from the time of her appointment, neither the authorisation has been issued nor she has been permitted to function as fair price shop dealer. This case was adjourned on 29.03.2011 to enable the learned Assistant Government Pleader for Civil Supplies to obtain instructions. Today, at the hearing, the learned Assistant Government Pleader has stated that as of now, there is no legal impediment on permitting the petitioner to function as fair price shop dealer. In my opinion, so long as the order of appointment of the petitioner as fair price shop dealer is not interfered with by the appellate or revisional authority, mere pendency of appeal by any of the unsuccessful candidates cannot be a ground not to permit the petitioner to function as fair price shop dealer. Therefore, respondent No.3 is directed to take immediate steps to ensure that the appointing authority issues the authorisation to the petitioner and she is permitted to function as dealer so long as her appointment order continues to remain in force. Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.10318 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 07th April, 2011 VGB