THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16512 of 2009 DATE:12.08.2009 Between: P. Ramireddy ... Petitioner and The Joint Collector, Guntur District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16512 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the proceedings in Rc.No.1079/2009- CSDT, dated 26.05.2009, issued by 2nd respondent, suspending his authorisation in respect of fair price shop No.11 of Remidicherla village, Bollapalli Mandal, Guntur District, as illegal and arbitrary. 2. The facts of the case, in brief, are that the petitioner was appointed as a fair price shop dealer in respect of shop No.11 of Remidicherla village, Bollapalli Mandal, Guntur District, in the year 1982. In pursuance of a report of the Tahsildar, Bollapalli Mandal - 3rd respondent in Rc.No.143/2009A, dated 19.05.2009, that the petitioner has committed certain irregularities in supplying the essential commodities to the cardholders and maintaining the relevant records, the Revenue Divisional Officer, Narasaraopet, Guntur District - 2nd respondent has issued proceedings in Rc.No.1079/2009- CSDT, dated 26.05.2009, suspending the authorisation of the petitioner, until further orders. The same is challenged in this writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has submitted that the 2nd respondent without conducting proper enquiry and without issuing a show cause notice to the petitioner, suspended the authorisation of the petitioner, that no case under Section 6-A of the Essential Commodties Act 1955 is registered against the petitioner, and that though the petitioner has filed an appeal before the Joint Collector, Guntur District - 1st respondent on 09.06.2009 seeking restoration of his authorisation, along with a petition seeking suspension of operation of the impugned order of the 2nd respondent dated 26.05.2009, the 1st respondent has not passed any order so far. 5. Apparently, the authroisation of the petitioner was kept under suspension by the 2nd respondent, by proceedings in Rc.No.1079/2009-CSDT, dated 26.05.2009. As against the said order, the petitioner filed an appeal before the 1st respondent on 09.06.2009 seeking restoration of his authorisation, along with a petition seeking suspension of operation of the order of the 2nd respondent dated 26.05.2009, but so far, the 1st respondent has not passed any order thereon. It is not understood, as to why the 1st respondent has not passed any order, even after lapse of a period of two months. In the light of the above, this Court is of the view that this writ petition can be disposed of with a direction to the 1st respondent to dispose of the appeal filed by the petitioner. 6. Accordingly, this writ petition is disposed of directing the 1st respondent to dispose of the appeal filed by the petitioner on 09.06.2009, within a period of two weeks from the date of receipt of a copy of this order. In the event of his failure in disposing of the appeal within the stipulated time, the authorisation of the petitioner shall be restored, and the petitioner shall be permitted to supply the essential commodities to the cardholders, pending consideration of the appeal. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 12th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16512 of 2009 (Disposed of) 12th August, 2009 CBS