IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15427 of 2004 Between: P. Nagalinga Reddy S/o. Errabayapu Reddy Kandikapula and Chinthakunta Village, Putluru Mandal, Anantapur District. ..... PETITIONER AND 1 The Joint Collector, Anantapur. 2 Revenue Divisional Officer, Anantapur. 3 Mandal Revenue Officer, Putlur Mandal, Anantapur 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 will be pleased to Issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus the action of the 2nd respondent in passing the suspension order in proceedings in Rc.No.D1/CS/1078/2004, Dt. 14.8.2004 suspending the authorization of the petitioner as a FP Shop dealer of Kandhikapula & Chinthakunta village of Putlur mandal, Anantapur District as illegal, arbitrary and violation of Art. 14 of Constitution of India and consequently direct the respondent not to give effect to the proceedings of the 2nd respondent Dt. 14.8.2004 pending disposal of the appeal and to pass other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.K.SRINIVAS Counsel for Respondents: The Government Pleader For Civil Supplies The Court at the stage of admission made the following Order: The petitioner is the authorized dealer in respect of the Fair Price Shop of Kandhikapula and Chinthakunta Village of Putlur Mandal, Ananthapur District. His authorization was suspended by the second respondent-Revenue Divisional Officer, Ananthapur through his proceedings dated 14-08-2004, pending enquiry into the alleged irregularities in distribution of commodities. Aggrieved by the same, this writ petition is filed. Heard the learned Counsel for the petitioner and the learned Government Pleader appearing for the respondents. Admittedly, against the order impugned, an alternative remedy is available by way of appeal before the first respondent-Joint Collector and the petitioner has already preferred such an appeal along with application for stay. Since the statutory appeal is pending before the first respondent, the petitioner cannot simultaneously invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Therefore, the relief as prayed for cannot be granted. However, keeping in view the plea of the petitioner that the first respondent has not considered his appeal and no orders have been passed even on his application for stay so far, I deem it appropriate to dispose of the writ petition with a direction to the first respondent to dispose of the application for stay in the appeal filed by the petitioner against the order of the second respondent dated 14-08-2004 as expeditiously as possible, preferably within a period of one week from the date of receipt of this order. The writ petition is accordingly disposed of. No costs. ______________ kdl 30-08-2004 To 1 The Joint Collector, Anantapur. 2 Revenue Divisional Officer, Anantapur. 3 Mandal Revenue Officer, Putlur Mandal, Anantapur District. 4 Two C.Cs. to the Government Pleader for Civil Supplies, High Court Buildings, A.P., Hyderabad. (OUT). 5 Two C.D. Copies.