THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16879 of 2009 DATE: 17.08.2009 Between: Komaravelli Omkar ... Petitioner and The Joint Collector (CS), Warangal District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16879 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 2nd respondent in suspending his authorisation in respect of shop No.201 situated at Girmajipet, Warangal, vide proceedings in Lr.No.E/2220/2009, dated 18.07.2009, as illegal and arbitrary., and consequently, to direct the respondents to continue him to distribute the essential commodities to the cardholders. 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.201 of Girmajipet, Warangal town. On 02.07.2009, the Deputy Tahsildar (CS), Warangal, has inspected the shop of the petitioner, seized 36.50 quintals of rice alleging that there was variation of 16 quintals of PDS rice, under panchanama dated 02.07.2009, and sent a report, under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act') to the Revenue Divisional Officer, Warangal - 2nd respondent, in Lr.No.A/910/2009, dated 07.07.2009. Basing on the said report, the 2nd respondent has issued a show cause notice to the petitioner, in Lr.No.E/2220/2009, dated 15.07.2009, calling upon him to show cause, as to why his authorisation should not be cancelled, within a period of seven days from the date of receipt of the said notice, and subsequently he has also suspended the authorisation of the petitioner, by proceedings in Lr.No.E/2220/2009, dated 18.07.2009. The Joint Collector (CS), Warangal District - 1st respondent also has issued a show cause notice to the petitioner, under Section 6-B of the Act, in ECAC.No.70 of 2009, dated 29.07.2009, calling upon him to show cause, as to why the entire stock should not be confiscated to the State, within a period of eight days from the date of receipt of the said notice, and also registered a case against him, under Section 6-A of the Act . Aggrieved by the same, the petitioner filed this writ petition. 3. The learned counsel for the petititioner has contended that the 2nd respondent suspended the authorisation of the petitioner, without conducting any enquiry, as contemplated under the Public Distribution System Control Order, 2008, that though the petitioner filed an appeal before the 1st respondent along with a stay petition therein, on 01.08.2009, but so far the 1st respondent has not passed any order either on the stay petition or on the appeal, and that therefore, prays to allow this writ petition. 4. The learned Government Pleader for Civil Supplies, on the other hand, contended that the petitioner has violated condition Nos.4,8 and 9 of the authorisation issued, under Clause 5 of the A.P. State P.D.S. (Control) Order, 2008 and also contravened clauses 7, 17(A), 22 of the A.P.State P.D.S. (Control) Order, 2008, and therefore, prays to dismiss this writ petition. 5. Having considered the submissions made by both the learned counsel and having regard to the fact that the proceedings under Section 6-A of the Act have already been initiated by the 1st respondent and the appeal filed by the petitioner on 01.08.2009 is very much pending with the 1st respondent, this court is of the view that this writ petition can be disposed of with a direction to the 1st respondent to decide the appeal, at the earliest. 6. Accordingly, this writ petition is disposed of directing the 1st respondent to dispose of the appeal filed by the petitioner on 01.08.2009 within a period of two weeks from today. If the said appeal is not decided within the stipulated time, the respondents shall restore the authorisation of the petitioner and permit him to supply the essential commodities to the cardholders. . There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 17th August, 2009 NOTE: Furnish CC by two days (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16879 of 2009 (Disposed of) 17th August, 2009 NOTE: Furnish CC by two days (b/o) CBS