THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26951 of 2009 DATE:10.12.2009 Between: P. Narayan Rao ... Petitioner and The Government of Andhra Pradesh, represented by its Secreary, Department of Civil Supplies, Hyderabad and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26951 of 2009 ORDER: According to the petitioner, he is having a valid licence to run a kerosene shop issued under the A.P. Petroleum Products (Licensing and Regulation of Supplies) Order, 1980. While so, the Commissioner of Civil Supplies, Andhra Pradesh, Hyderabad, issued a Cricular in CCS.Ref.No.N5/2847/2005, dated 31.05.2005, directing the District Collectors to convert the retail kerosene shops into fair price shops. Subsequently, the 1st respondent issued a notification in RC A7/315/2009, dated 02.11.2009, calling for applications for appointment of fair price shop dealers. Pursuant thereto, he made an application in respect of shop No.302 of Circle-II, Krishnalanka, Vijayawada. He also made a representation on 04.11.2009 to the 2nd respondent requesting to consider his case for appointment of dealer for the said fair price shop by converting him from retail kerosene shop dealer. However, without considering his representation, the 2nd respondent selected the 3rd respondent as dealer for the said fair price shop, by proceedings in RC No.A7/315/2009, dated 04.12.2009. The same is questioned in this writ petition. 2. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Civil Supplies. 3. The main contention of the learned counsel for the petitioner is that subsequent to filing of the writ petition, challenging the proceedings issued by the 2nd respondent in RC No.A7/315/2009 dated 04.12.2009 selecting the 3rd respondent as dealer for the fair price shop No.302 of Circle-II, Krishnalanka, Vijayawada, the petitioner approached the appellate authority i.e. the Joint Collector, Krishna District, and filed an appeal along with a petition seeking stay of operation of the said proceedings. But however, the appellate authority has not even numbered the appeal, so far. 4. From a perusal of the Circular issued by the Commissioner of Civil Supplies, Andhra Pradesh, Hyderabad, in CCS.Ref.No.N5/2847/2005, dated 31.05.2005, it is clear that whenever a vacancy of fair price shop arises, it shall be filled by converting the retail kerosene shop functioning in that area into fair price shop. 5. When the petitioner claims that he is the retail kerosene shop dealer and he should be appointed as the dealer in respect of fair priece shop No.302 of Circle-II, Krishnalanka, Vijayawada, the appellate authority should have decided the appeal filed by him immediately. However, as it is the grievance of the petitioner that the Joint Collector, Krishna District, has not even numbered the appeal filed by him, this Court is of the view that this writ petition can be disposed of with a direction to the Joint Collector, Krishna District. 6. Accordingly, this writ petition is disposed of with a direction to the Joint Collector, Krishna District, to consider the appeal filed by the petitioner, if any, hear the same and pass appropriate orders thereon, according to law, at the earliest, preferably, within a period of six (6) weeks from the date of receipt of a copy of this order. In the meanwhile, the proceedings in RC No.A7/315/2009 dated 04.12.2009 issued by the 2nd respondent, in so far as the appointment of the 3rd respondent as dealer in respect of fair price shop No.302 of Circle-II, Krishnalanka, Vijayawada, is concerned, is hereby suspended. While hearing the appeal, the Joint Collector, Krishna District, may put the 3rd respondent also on notice, so that she can advance her contentions. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 10th December, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26951 of 2009 (Disposed of) 10th December, 2009 CBS