IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.27441 of 2008 Between: V. Laxmana Babu, S/o. Chandrappa, Ex-Fair Price Shop Dealer, Shop No. 1 (Under Cancellation), Chippagiri Village and Mandal, Kurnool District. ..... PETITIONER AND 1 The Joint Collector, Kurnool. 2 The Revenue Divisional Officer, Adoni, Kurnool District. 3 The Tahsildar, Chippagiri Village and Mandal, Kurnool 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 of mandamus or any other appropriate writ or direction declaring the action of the 1st respondent in not passing any orders on the stay application filed along with the appeal filed by the petitioner on 20-11-2008 as illegal, arbitrary and consequently stay the order of the order of the 2nd respondent issued in Rc.M.380/2008 dated 29-9-2008, pending disposal of the appeal. Counsel for the Petitioner: MR.O.MANOHER REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.27441 OF 2008 ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents. It is the grievance of the petitioner that his authorization as dealer of fair price shop No.1 of Chippagiri Village and Mandal, Kurnool District, was cancelled by proceedings dated 29.09.2008 of the 2nd respondent- Revenue Divisional Officer, Adoni, without conducting any enquiry into the irregularities alleged to have been committed by him and without there being any specific evidence that he committed the alleged irregularities, and though an appeal was filed by him before the 1st respondent-Joint Collector, Kurnool, questioning the said proceedings dated 29.09.2008 of the 2nd respondent, along with a stay petition, neither the stay petition is disposed of nor the appeal is taken up for consideration. In the facts and circumstances of the case, without expressing any opinion on merits, the 1st respondent is directed to consider and dispose of the appeal purported to have been filed by the petitioner, questioning the proceedings dated 29.09.2008 of the 2nd respondent, as expeditiously as possible. However, the impugned proceedings dated 29.09.2008 issued by the 2nd respondent shall not be given effect to till the said appeal is disposed of and the respondent authorities shall supply essential commodities to the fair price shop in question for distribution of the same to the card holders by the petitioner. With the above directions, the writ petition is disposed of. No order as to costs. __________________ JUSTICE C.V. RAMULU 17th December, 2008 Note:- Issue CC in one week BO IBL