IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 5722 of 2008 Between: A. Kondaiah, S/o. Darmaiah, R/o. Chintapudi Village of Pellakur Mandal, Nellore District. ..... PETITIONER AND 1 The Joint Collector, Nellore. 2 The Sub-Collector, Gudur, Nellore District. 3 The Tahsildar, Pellakur Mandal, Nellore District. .....RESPONDENTS Counsel for the Petitioner: MR.SAI GANGADHAR CHAMARTY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : Order: This Writ Petition is filed for a writ of Certiorari to quash the proceedings dated 01-03-2008 of respondent No.1, whereby he declined to stay the operation of order dated 28-01-2008 passed by respondent No.2. The petitioner’s authorization of fair price shop dealership of Chintapudi Village, Pellakur Mandal, Nellore District, was cancelled by respondent No.2 by proceedings dated 28-01-2008. The petitioner filed appeal before respondent No.1 against the said order. He also filed an application for stay along with the said appeal. By the impugned order, respondent No.1, while declining to stay the operation of the order passed by respondent No.1, however, directed respondent No.2 not to notify the vacancy till the appeal is disposed of. Heard Sri Sai Gangadhar Chamarty, learned Counsel for the petitioner, and perused the record. The impugned order shows that having regard to the ground on which the petitioner’s authorization was cancelled, viz., that there was shortage of essential commodities found by the inspecting Officers, respondent No.1 declined to grant stay. However, to balance the equities, respondent No.1 directed respondent No.2 not to fill up the vacancy on permanent basis. In my considered opinion, respondent No.1 exercised his discretion judiciously and there is no warrant to interfere with such a discretion exercised by respondent No.1. Therefore, the Writ Petition is dismissed. Respondent No.1 is, however, directed to dispose of the appeal within a period of eight weeks from the date of receipt of a copy of this order. As a sequel to dismissal of the Writ Petition, WPMP.No.7422 of 2008 filed by the petitioner for interim relief is also dismissed. ____________________ (C.V.NAGARJUNA REDDY, J) 18-03-2008 Note: Furnish CC in ten days. B/o LUR