IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.26490 of 2008 Between: Gunturi Venkateshwarlu, S/o. Bangaru Reddy, R/o. Madalavaripalem Village, Podili Mandal, Prakasam District. ..... PETITIONER AND 1 The District Collector, Ongole, Prakasam District. 2 The Joint Collector (CS), FAC, Ongole, Prakasam District. 3 The Revenue Divisional Officer, Kandukur, Prakasam District. 4 Megada Obulaiah, S/o. Obulaiah, R/o. Madalavaripalem Village, Podili Mandal, Prakasam District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings of the 2nd respondent in Rc.CS2/2670/2008, dated 18-08-2008 as illegal, irregular, arbitrary and unconstitutional and contrary to provision of Essential Commodities Act and same may be set aside the further direct the respondents 1 to 3 to continue the petitioner as F.P. Shop Dealer by supplying the essential commodities. Counsel for the Petitioner: MR.M.BRAHMA REDDY Counsel for Respondents 1 to 3: GP FOR CIVIL SUPPLIES The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.26490 OF 2008 ORDER: This writ petition is filed seeking a Mandamus declaring the proceedings of the 2nd respondent- Joint Collector (C.S.), Ongole, Prakasam District, in Rc.CS2/2670/2008 dated 18.08.2008, as illegal, arbitrary and unconstitutional. It is the case of the petitioner that, at the first instance, when 4th respondent was appointed as Fair Price Shop Dealer of Madalavaripalem Village, Podili Mandal, Prakasam District, he challenged the said appointment by pursuing appropriate remedies and ultimately he was appointed to the said post, by proceedings dated 11.06.2008 of the 3rd respondent- Revenue Divisional Officer, Kandukur, and the appointment of the 4th respondent was cancelled. Aggrieved thereby, the 4th respondent preferred an appeal before the 2nd respondent-Joint Collector (CS), Ongole, Prakasam District, and the 2nd respondent, by order dated 04.07.2008, stayed the proceedings dated 11.06.2008 of the 3rd respondent, pending disposal of the appeal filed by the 4th respondent. Questioning the said orders, the petitioner filed W.P.No.14644 of 2008 before this Court, which was allowed on 11.07.2008, quashing the order impugned therein and keeping it open to the 2nd respondent herein to pass fresh orders in accordance with law after recording reasons. Thereafter, the 2nd respondent has passed the impugned order dated 18.08.2008, however, again staying the proceedings of the 3rd respondent dated 11.06.2008, whereby the petitioner was appointed as Fair Price Shop Dealer of Madalavaripalem Village, Podili Mandal, Prakasam District, pending disposal of the appeal. Aggrieved thereby, the petitioner has preferred a revision before the 1st respondent- District Collector, Ongole, Prakasam District, along with a stay petition, but the petitioner complains that neither the stay petition is ordered nor the revision is taken up for consideration. Hence, this writ petition. There is no necessity of going into all the details. At the time of hearing, learned counsel for the petitioner submitted that it is suffice to direct the 2nd respondent- Joint Collector (CS), Ongole, Prakasam District, to dispose of the appeal preferred by the 4th respondent, challenging the appointment of the petitioner as Fair Price Shop Dealer of Madalavaripalem Village, Podili Mandal, Prakasam District. In view of the submission of the learned counsel for the petitioner and in the facts and circumstances of the case, without expressing any opinion on merits, the 2nd respondent- Joint Collector (CS), Ongole, Prakasam District, is directed to dispose of the appeal purported to have been filed by the 4th respondent, challenging the appointment of the petitioner as Fair Price Shop Dealer of Madalavaripalem Village, Podili Mandal, Prakasam District, within a period of four weeks from the date of receipt of a copy of this order and communicate the orders to the petitioner. With the above directions, the writ petition is disposed. No order as to costs. _________________ JUSTICE C.V. RAMULU 8th December, 2008 Note:- Issue CC in one week. BO IBL