IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 980 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 22/07/2009 in WP NO : 14655 OF 2009 on the file of the High Court.) Between : M. Venkateswarlu S/o. Late Chinna Subbaiah R/o. Shop No. 27, Sankarapuram Village, Mundlamuru Mandal, Prakasam District. ..... APPELLANT AND 1 The Joint Collector Ongole Prakasam District. 2 The Revenue Divisional Officer Kandukur Prakasam District. 3 The Enforcement Deputy Tahsildar Darsi Prakasam District. .....RESPONDENTS Counsel for the Appellant: MR.RAJANIKANTH JWALA Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Division Bench of this Full text of Court made the following : (Judgment follows 2nd page) THE HON'BLE SMT.JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 980 of 2009 J U D G M E N T : (Per the Hon’ble Smt. Justice T. Meenakumari). The writ appeal is filed against order dated 22-07-2009 passed in WP.No. 14655 of 2009 by the learned single Judge, whereby the learned single Judge while dismissing the main writ petition directed the first respondent to dispose of the stay application within a period of one week from the date of passing of the order in the writ petition. 2. The main writ petition was filed for a writ of mandamus to declare the order dated 14-7-2009 passed in Proceedings RCF/986/08 by the second respondent suspending the fair price shop dealership authorization of the petitioner of F.P.Shop No. 27 of Sankarapuram village, Mundlamur Revenue Mandal, Prakasam district and the consecutive inaction of the first respondent in not considering and disposing of the statutory appeal and stay application, dated 18-7-2009 filed by the petitioner, challenging the order dated 14-7-2009 passed by the second respondent as contemplated under Clause 20 of A.P. State Public Distribution System Control Order 2001 as arbitrary, illegal and contrary to the provisions of AP State Public Distribution System Control Order 2001. 3. Heard the learned counsel for the appellant, Sri Rajanikanth Jawala as well as the learned Government Pleader for Civil Supplies. 4. Having heard the learned counsel for the appellant as well as the learned Government Pleader for Civil Supplies, without going into the merits or otherwise, to meet the ends of justice, we deem it appropriate to direct the first respondent – Joint Collector, Ongole, Prakasam district to dispose of the main appeal filed by the appellant herein instead of disposing of the stay application, on merits and in accordance with law, uninfluenced by the dismissal of the main writ petition. The above exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order. The order dated 22-07-2009 passed in WP.No. 14655 of 2009 by the learned single Judge is modified to the extent indicated above. 5. With the above direction, the writ appeal is disposed of at the stage of admission. No costs. 6. As a sequel to the disposal of the main writ appeal, WAMP.No.1974 of 2009 filed by the appellant for interim suspension of the order dated 14-7-2009 passed in Proceedings RCF/986/2008 by the second respondent is disposed of as infructuous. ____________________________ JUSTICE T.MEENA KUMARI ___________________________ JUSTICE SANJAY KUMAR. 29-07-2009. I s L N B : U R G E N T : Furnish C.C. tomorrow. B/o. I s L