THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.2498, 2506, 2512, 2540, 2590 and 2606 OF 2010 DATED:22.03.2010 Between: M.Srinivas and others .. Petitioners And The State of Andhra Pradesh rep., By its Secretary, Civil Supplies Department, secretariat, Hyderabad And others .. Respondents WRIT PETITION Nos.2498, 2506, 2512, 2540, 2590 and 2606 OF 2010 COMMON ORDER: This group of six Writ Petitions are being disposed of by this common order as the grievance of the petitioners is the same and the prayer made is similar. All the petitioners were appointed as Fair Price Shop (FPS) Dealers of different villages in Dubbaka Mandal of Medak District. Purporting to act under the directions of the District Collector – the third respondent herein; bifurcating each of the authorized shops into two shops, the Revenue Divisional Officer – the fourth respondent herein; issued notification dated 01.02.2010 inviting applications for appointing FPS Dealers for the second bifurcated shop. The following table could reveal the date of appointment of the petitioners as permanent dealers and name of the FPS. ------------------------------------------------------------------------------------------ Sl. W.P.No. Name of Name of Name of Date/Year of the Village the FPS the FPS appointment Dealer as FPS Dealer ------------------------------------------------------------------------------------------ 1. W.P.2498 of 2010 Enagurthi Enagurthi M.Srinivas 2002 2. W.P.2506 of 2010 Thimmapur Thimmapur P.Ram Mohan 1992 Rao 3. W.P.2512 of 2010 Ghambeerpur Ghambeer- Ch.Laxmavva 1988 pur 4. W.P.2540 of 2010 Rajakkapet Rajakkapet K.Laxmi 2005 5. W.P.2590 of 2010 Chittapur Chittapur Rekham Vinodha 2000 6. W.P.2606 of 2010 Akaram Akaram G.Ganga Ramulu 2002 --------------------------------------------------------------------------------------------------- The Assistant Government Pleader brought to the notice of this Court the G.O.Ms.No.35, dated 17.09.2007, containing new guidelines for rationalization of FPSs. The District Collector has bifurcated the above said shops and directed the fourth respondent to take necessary action and issue notification. By the letter, the District Collector bifurcated each existing one shop into two shops, for instance Rajakkapet FPS was bifurcated into FPSs.1 and 2 of Rajakkapet. In pursuance thereof, the impugned notification was issued. Counsel for both the parties, relied on Paragraph No.6 of sub-paragraph (v) of the Government Order referred to hereinabove. The petitioners contend that unless the minimum number of cards in a village is 600, there cannot be bifurcation of shops. The Assistant Government Pleader contends that if there are more number of cards in excess of minimum number of cards of 400, there can be two FPSs., provided there will not be less than 600 cards in a village in which case these cards can be equally attached to two FPSs. In an unreported judgment in W.P.No.1715 of 2009, I have considered the above matter. However, at this stage, this Court is not inclined to go into that aspect, as the Government vide G.O.Ms.No.25, dated 18.3.1998, provided for a right of appeal to the Director of Civil Supplies, Andhra Pradesh, Hyderabad. The petitioners filed these writ petitions without availing the remedy available to them and as verification of records and appreciation of facts are involved, it would be in the interests of the petitioners, if they approach the appellate authority in the first instance. The Writ Petitions for the above reasons are disposed of giving liberty to the petitioners to file appeals within a period of one week from the date of receipt of a copy of this order. As and when the appeals are filed, the Director of Civil Supplies may entertain the appeals and pass appropriate orders keeping in view the orders of this Court in W.P.No.1715 of 2009, dated 11.03.2010. As the petitioners are continued as FPS dealers for a very long time, it would be proper to order status quo as on today. The appellate authority may dispose of the appeals within a period of four weeks, after they are filed. There shall be no order as to costs. ______________ (V.V.S. RAO, J) 22.03.2010 Note: Dispatch C.C. Within two days (B/o) KH