IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 342 of 2005 Between: N. Madanna, S/o. Udarappa, F.P. Shop Dealer of T. Somalaguduru Village, Nandavaram Mandal, Kurnool District. ..... PETITIONER AND 1 The Joint Collector, Kurnool. 2 Revenue Divisional Officer, Adoni, Kurnool District. 3 Mandal Revenue Officer, Nandavaram Mandal, Kurnool District. .....RESPONDENT(S) 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 1 in not passing orders on the stay application filed along with the Appeal aggrieved by the orders of the 2nd respondent passed in Rc.M. 1422/04 dated 28-12-2004, as illegal, arbitrary, null and void and consequently direct the Respondents to supply the Essential commodities to the Petitioner herein pending disposal of the Appeal before the 1st Respondent herein, and to pass such other order or orders. Counsel for the Petitioner:MR.M.JANARDHAN RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court, at the stage of admission, made the following : ORDER: Petitioner was appointed as the dealer of a fair price shop through an order, dated 29.09.1987, passed by the 2nd respondent. Through an order, dated 28.12.2004, the 2nd respondent suspended his authorization. Aggrieved thereby, petitioner preferred an appeal before the 1st respondent together with an application for grant of stay. His grievance is that no orders have been passed so far by the appellate authority. Hence, he seeks appropriate directions in this regard. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. The 2nd respondent issued a show cause notice, dated 30.11.2004, to the petitioner and directed him to explain as to why his dealership shall not be suspended for the four charges framed against him. Petitioner submitted his explanation on 10.12.2004 denying the charges. On receipt of explanation, th e 2nd respondent called for remarks from the Mandal Revenue Officer, the 3rd respondent, and suspended the dealership of the petitioner. No period, as such, is mentioned. The fact that the 2nd respondent issued a show cause notice proposing to suspend the dealership of the petitioner discloses that he intended to suspend the authorization of the petitioner as a measure of penalty and not as a measure pending any enquiry. The procedure adopted by the 2nd respondent conforms to the requirement under Clause 5(4) of the A.P. Public Distribution System Control Order, 2001. This Court is not inclined to discuss the validity or otherwise of the findings recorded by the 2nd respondent. It is for the appellate authority to consider the same. One fact, which weighs with this Court, is that the suspension, which was ordered against the petitioner as a substantive penalty was not restricted to any period. It is only a cancellation that can operate without reference to any period, and a suspension, except where it is pending enquiry, cannot be for an indefinite period. Otherwise, it almost amounts to an order of cancellation. Almost one month has elapsed from the date of suspension. The very purpose of filing an application for stay by the petitioner has been defeated. Even if the appeal is allowed, at a later stage, on any ground, the petitioner shall have to undergo the hardship. Therefore, the writ petition is disposed of directing that the petitioner shall be entitled to continue as fair price shop dealer, pending disposal of the appeal by the 1st respondent. There shall be no order as to costs. ____________________ (L.NARASIMHA REDDY,J) Date: 20-01-2005 Note: Issue Operative portion by wire at party’s costs. (B/o.) Ts To 1 The Joint Collector, Kurnool. 2 Revenue Divisional Officer, Adoni, Kurnool District. 3 Mandal Revenue Officer, Nandavaram Mandal, Kurnool District. 2 2CCs to the G.P for Civil Supplies, High Court Buildings, Hyderabad(O.U.T). 3 2CD copies