IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.25772 of 2008 Between: Orsu Srinivasa Rao S/o.Kotaiah, Uppalapadu Village, Addanki Mandal, Prakasam District. ..... PETITIONER AND 1 The Joint Collector, (Civil Supplies), Prakasam District, Ongole. 2 The Revenue Divisional Officer, Ongole, Prakasam District. 3 The Tahsildar, Addanki 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 or order more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the proceedings No.D.Dis.1654/2007, dt. 04.11.2008 passed by the 2nd respondent and the inaction of the 1st respondent in not disposing of the stay petition filed along with an appeal filed by the petitioner as illegal, arbitrary and unconstitutional, and against to the principles of natural justice and contrary to the provisions of Essential Commodities Act and to pass such other order or orders. Counsel for the Petitioner: MR.KOTI REDDY IDAMAKANTI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.25772 OF 2008 ORDER: It is the case of the petitioner that he was appointed as permanent Fair Price Shop Dealer of Uppalapadu village, Addanki Mandal of Prakasam District in the year 2002. Earlier, when his authorization was cancelled, by proceedings dated 27.10.2005 of the 2nd respondent- Revenue Divisional Officer, Ongole, after issuing suspension-cum-show cause notice and calling for his explanation, he filed an appeal before the 1st respondent- Joint Collector, Prakasam District, Ongole, who allowed the appeal on 24.02.2006 and restored the authorization of the petitioner. While so, challenging the said order of the 1st respondent, the cardholders filed a revision before the District Collector, and the same was allowed on 06.01.2007, setting aside the order of the 1st respondent. Aggrieved thereby, the petitioner filed a writ petition in W.P.No.10224 of 2007 before this Court, but the same was dismissed on 17.01.2008. Challenging the same, the petitioner filed a writ appeal in W.A.No.252 of 2008, which was allowed on 02.04.2008, remanding the matter to the 2nd respondent to initiate fresh proceedings and complete the same preferably within three months from the date of receipt of the order, while continuing the dealership of the petitioner. Pursuant thereto, fresh proceedings were initiated and the impugned order dated 04.11.2008 was passed by the 2nd respondent, cancelling the authorization of the petitioner. In fact, challenging the impugned order dated 04.11.2008, the petitioner preferred an appeal before the 1st respondent along with a stay petition. The petitioner complains that till date neither the stay petition is disposed of nor the appeal is taken up for hearing. Hence, this writ petition. Heard both sides. Though several contentions have been raised by the learned counsel for the petitioner that no irregularities were committed by the petitioner and no detailed enquiry was conducted at all, since the petitioner has already filed a statutory appeal before the 1st respondent, without going into the merits of the case, I deem it appropriate to direct the 1st respondent- Joint Collector, Prakasam District, Ongole, to dispose of the appeal preferred by the petitioner on its own merits, within a period of two months from the date of receipt of a copy of this order. Till such time, the impugned order of cancellation shall stand suspended. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 25th November, 2008. Note:- Issue operative portion of the order by wire at party’s costs. BO IBL