HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.913 of 2010 Date: 23rd February 2010 Between: D.Kanakachary. … Petitioner And The Revenue Divisional Officer, Bhongiri Revenue Division, Nalgonda District & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.913 of 2010 ORDER: In this writ petition, the petitioner has questioned the Notification, dated 18th December 2009, issued by the 1st respondent-Revenue Divisional Officer, inviting applications for appointment of fair price shop dealer of Chinnakonduru village in Choutuppal Mandal of Nalgonda District, and also questioned the earlier orders passed by the 1st respondent, in Proceedings No.H/2406/2006, dated 26.09.2008, whereby, the petitioner’s authorisation to run the fair price shop, was cancelled. 2. Earlier, the petitioner was dealer for distribution of scheduled commodities at Chinnakonduru village of Choutuppal Mandal in Nalgonda District. By an order, dated 26.09.2008, the authorisation granted to the petitioner was cancelled on certain proven charges in the inquiry initiated against him. It is stated that as against the said orders, the petitioner has preferred an appeal before the 3rd respondent-Joint Collector, in Case No.CS1/1838/2008. During the pendency of the proceedings, further notification is issued on 18th of December 2009, inviting applications to fill up the vacancy of the fair price shop dealer. Questioning the said notification and orders of cancellation, the petitioner has filed this writ petition. 3. In view of pendency of appeal preferred by the petitioner against the cancellation order, dated 26th of September 2008, passed in Proceedings No.H/2406/2006, it is not desirable for this Court to give any definite finding on merits. As much as it is stated that the appeal filed by the petitioner is still pending consideration, I deem it appropriate to dispose of the writ petition, directing the appellate authority i.e. the 3rd respondent-Joint Collector, to dispose of the appeal preferred by the petitioner, which is stated to be pending in Case No.CS1/1838/2008, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. There shall be a further direction to the respondents that till the disposal of appeal preferred by the petitioner, they shall not make any further arrangements for permanent appointment of dealer to the fair price shop in question, pursuant to the impugned notification issued by the 1st respondent-Revenue Divisional Officer. However, it is also made clear that till completion of inquiry against the petitioner and appropriate orders are passed by the appellate authority, it is open for the respondents to make temporary arrangements, and also to consider the case of the petitioner for allowing him to supply the scheduled commodities. In case, if it is found that it is not feasible to appoint the petitioner, it is open for the respondents to make any other arrangements for appointing temporary dealer. 4. Subject to the above directions and observations, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 23rd February 2010 Note: Furnish C.C. in three days. (b/o) ajr