IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 22124 of 2008 Between: Balla Srinivas S/o.Ramalingeswara Rao R/o.Saripalli village Ganapavaram Mandal, West Godavari district ..... PETITIONER AND 1 The Government of AP., rep.by its Secretary Department of Civil Supplies, Hyderabad 2 The Joint Collector, West Godavari District Eluru 3 The Revenue Divisional Officer, Eluru 4 The Tahsildar, Ganapavaram, West Godavari District 5 Nirjogi Simhachalam S/o.Satyanarayana R/o.Saripalli village Ganapavaram Mandal .....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 to issue an appropriate writ order or direction more particularlyone in the nature of writ of mandamus declaring the inaction of the 2nd respondent in passing orders in stay petition ﬁled along with the appeal dated 6.9.2008 against orders of 3rd respondent dated 23.6.2008 in Roc.No.126/2008/C as illegal, arbitrary,biased unconstitutional and against the principles of natural justice and consequently direct the 2nd respondent to pass Counsel for the Petitioner: SMT.D.LALITHA PRASAD Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following Order: THE HON'BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION No.22124 of 2008 ORDER: This writ petition is ﬁled aggrieved by the inaction of the Joint Collector, West Godavari, Eluru, second respondent herein, in passing orders on the stay application ﬁled by the petitioner along with the appeal on 06.09.2008. Said appeal was ﬁled by the petitioner being aggrieved by the orders of the Revenue Divisional Oﬃcer, Eluru, third respondent herein, dated 23.06.2008, provisionally selecting ﬁfth respondent herein as the fair price shop dealer for fair price shop No.40 at Saripalli Village. In the light of the pendency of the appeal, this Court is not prepared to go into the merits of the case at this stage. It would be suﬃcient to meet the ends of justice if the appellate authority, second respondent herein, passes appropriate orders on the stay application on its own merits. The writ petition is accordingly disposed of directing second respondent to pass orders upon the stay application ﬁled by the petitioner in the appeal ﬁled on 06.09.2008 within a period of one week from the date of receipt of a copy of this order. There shall be no orders as to costs. _____________________ (P.V.SANJAY KUMAR,J) 06th October, 2008 GHN To 1 The Government of AP., rep.by its Secretary Department of Civil Supplies, Hyderabad 2 The Joint Collector, West Godavari District Eluru 3 The Revenue Divisional Officer, Eluru 4 The Tahsildar, Ganapavaram, West Godavari District 5 2CCs to GP for Civil Supplies. 6 2CD copies Form-NIC-OGS/WP{TRK}