HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.18333 of 2009 DATED: 23.01.2014 Between:
R. Mallikarjun ... Petitioner And The Government of Andhra Pradesh, rep. by its Secretary, Consumer Affairs Food and Civil Supplies Hyderabad & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.18333 of 2009 ORDER:
This writ petition is filed challenging the notification issued by the respondents inviting applications for filing up of existing vacancy by creating a new shop pursuant to the orders of bifurcation, which was not served on the petitioner.
2. This Court by order dated 07.09.2009 directed both the parties to maintain status-quo and the petitioner is continuing by virtue of the said status-quo order. In view of the non-furnishing of the orders of bifurcation to the petitioner, the petitioner is not in a position to challenge the bifurcation proceedings and the approval granted by the District Collector for such bifurcation as per the policy notified by the Government.
3. It is agreed by the learned counsel for the petitioner as well as the learned Government Pleader for the respondents that against the orders of bifurcation, there is a provision for appeal. Learned counsel for the petitioner states that in view of the non-availability of the proceedings of bifurcation to the petitioner, he is not in a position to avail the remedy of appeal.
4. Learned Government Pleader for Civil Supplies undertakes to serve a copy of the orders of bifurcation to the petitioner, within two weeks from the date of receipt of a copy of this order. Immediately after receipt of the copy of the order, the petitioner shall file an appeal, if he is so advised, within a period of three months thereafter and till such time, the status-quo granted by this Court shall be in operation. As and when the petitioner preferred appeal, it shall be disposed of in accordance with law by the competent authority.
5. With the above observation, the writ petition is disposed of. Pending miscellaneous petitions this writ petition, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J
Date: 23.01.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 5 WRIT PETITION No.18333 of 2009 Date: 23.01.2014 BSS