IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.28416 of 2008 Between: Rayana Nageswara Rao S/o.Gudaru R/o.Addankivari palem Village, Nagaram Mandal, Guntur District ..... PETITIONER AND 1 The Commissioner, Department of Civil Supplies, Government of Andhra Pradesh, Hyderabad. 2 The Joint Collector, Guntur, Guntur District. 3 The Revenue Divisional Officer, Tenali, Guntur 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 may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to set aside the Notification issued vide Rc.No.807/07/K dated 6.12.2008 by the 3rd respondent pending disposal of the Appeal filed by the petitioner vide No.AC:36/2008/S7 on the file of the 2nd respondent. Counsel for the Petitioner: MR.K.RAMAKOTESWARA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.28416 OF 2008 ORDER: This writ petition is filed questioning the notification dated 06.12.2008 issued by the 3rd respondent - Revenue Divisional Officer, Tenali, Guntur District. It appears, the authorization of the petitioner as fair price shop dealer of Addankivaripalem Village, Nagaram Mandal of Guntur District, was cancelled by the 3rd respondent- Revenue Divisional Officer, Tenali, Guntur District, vide proceedings dated 15.10.2008, for certain irregularities alleged to have been committed by him. It is the case of the petitioner that questioning the said proceedings dated 15.10.2008, he preferred an appeal before the 2nd respondent- Joint Collector, Guntur, and while the said appeal is pending, the impugned notification dated 06.12.2008 was issued by the 3rd respondent to fill up the post of dealer of the fair price shop in question on permanent basis. Questioning the same, the present writ petition is filed. In the facts and circumstances of the case and since the appeal preferred by the petitioner challenging the cancellation of his authorization is pending before the appellate authority, I am of the opinion that no permanent arrangements shall be made in respect of dealership of the fair price shop in question till the disposal of the said appeal preferred by the petitioner. In view of the above, the respondents are directed not to make any permanent arrangements in respect of dealership of the fair price shop of Addankivaripalem Village, Nagaram Mandal of Guntur District, till the disposal of the appeal preferred by the petitioner before the 2nd respondent- Joint Collector, Guntur. Further, the 2nd respondent is directed to dispose of the said appeal within a period of six weeks from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. No order as to costs. __________________ JUSTICE C.V. RAMULU 29th December, 2008 IBL