IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 10081 of 2004 Between: D. Balaiah, S/o Durgaiah, R/o Panikera Village, Nekkonda Mandal, Warangal District. ..... PETITIONER AND 1 The Revenue Divisional Officer, Mahaboobabad, Warangal District. 2 The Mandal Revenue Officer, Nekkonda, Warangal District. 3 The Sarpanch, Gram Panchayat, Panikera, Nekkonda Mandal, Warangal District. 4 The Joint Collector, Warangal, Warangal 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 will be pleased to to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the order dated 29-4-2004 made in Progs.No. F3/140/2004 passed by the 4th respondent and also the order dated 8-4-2004 made in R.C.No. A/6749/2003 passed by the 2nd respondent as illegal, arbitrary and without jurisdiction Counsel for the Petitioner: MR.A.PRABHAKAR RAO Counsel for the Respondents: SMT.JYOTHI ESWAR GOGINENI The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10081 of 2004 ORDER: The petitioner is authorized fair price shop (FPS) dealer of Panikera Village, Nekkonda Mandal, Warangal District. On an allegation that he delayed distribution of essential commodities, Revenue Divisional Oﬃcer (RDO) - ﬁrst respondent herein suspended his authorization by proceedings dated 09.12.2003. The petitioner then preferred an appeal before Joint Collector - fourth respondent herein, who by order dated 20.01.2004 remitted the matter to RDO. The petitioner then submitted explanation. After considering the same, RDO passed orders on 25.02.2004 imposing penalty of Rs.1,000/- and absolving the petitioner of the irregularities. Third respondent – Sarpanch of the Village preferred an appeal before RDO, who by order dated 29.04.2004 impugned herein suspended the order of RDO dated 25.02.2004 restoring the authorization of the petitioner. This Court, while admitting the writ petition on 21.06.2004, in W.P.M.P.No.12803 of 2004 suspended the impugned order, as a result of which the petitioner is statedly continuing as FPS. This Court heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. As the petitioner is continuing as FPS dealer from 25.02.2004 when his authorization was restored, this Court is of the considered opinion at this point of time that he need not be disturbed. The appeal is still pending before the Joint Collector and the same may be disposed of as early as possible preferably within a period of four weeks from the date of receipt of a copy of this order. The writ petition, with the above observations and direction, is accordingly disposed of. No costs. _____________ (V.V.S.RAO, J) 17th October, 2008 GHN To 1 The Revenue Divisional Officer, Mahaboobabad, Warangal District. 2 The Mandal Revenue Officer, Nekkonda, Warangal District. 3 The Sarpanch, Gram Panchayat, Panikera, Nekkonda Mandal, Warangal District. 4 The Joint Collector, Warangal, Warangal District. 5 2CD copies Form-NIC-OGS/WP{AVLR}