THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition Nos.33161 & 33271 of 2010 DT.29.12.2010 Between: Ariseety Jayalakshmi … Petitioner (W.P.No.33161 of 2010) And The Joint Collector and Additional District Magistrate, Vizianagaram and others … Respondents (W.P.No.33161 of 2010) Counsel for the Petitioner: Sri M.Krishna Rao Counsel for respondent: AGP for Civil Supplies The Court made the following ORDER: ORDER: In these two writ petitions, the petitioners, who are fair price shop dealers under suspension, felt aggrieved by the orders of the Revenue Divisional Officer, Vizianagaram (primary authority) and the Joint Collector, Vizianagaram (appellate authority), whereby their authorizations were suspended and confirmed in appeal respectively. At the hearing, Sri M.Krishna Rao, learned counsel representing the petitioners in both the writ petitions, limited his submissions to two aspects, namely, (1) the exhaustive findings of the appellate authority, while the enquiry into the charges against the petitioners is pending, have the effect of finally adjudicating on the charges even before a full-fledged enquiry has been conducted by the primary authority and (2) pending enquiry, the appellate authority is seeking to appoint DWCRA groups as permanent dealers. After hearing the learned Assistant Government Pleader for Civil Supplies, I find justification in both these grievances. With regard to the first submission of the learned counsel, though the appellate authority has given detailed reasons in order to confirm the order of the primary authority suspending the petitioners’ authorizations, since the enquiry is pending, they are required to be treated as prima facie findings intended to deal with the appeal filed against the order of suspension, pending enquiry. Therefore, the primary authority shall not feel bound by those findings while passing a final order after completion of the enquiry. As regards the second contention, the learned counsel for the petitioner has drawn my attention to a news item filed as material paper in W.P.No.33271 of 2010, wherein it was stated that the appellate authority has decided to appoint DWCRA groups as dealers on permanent basis. It is not in dispute that the enquiry into the allegations made against the petitioners is pending and the authorizations are merely suspended. Unless and until the authorizations are cancelled after enquiry, no permanent vacancies arise for appointment of third parties as dealers. As such the Joint Collector, Vizianagaram and the Revenue Divisional Officer, Vizianagaram are directed not to take any steps to make permanent appointments in respect of two shops, namely, shop Nos.3 and 67 of Vizianagaram, until final orders are passed after enquiry. In the result, while declining to interfere with the order of suspension as confirmed in appeal, the writ petitions are disposed of subject to the above directions. As a sequel to disposal of the writ petitions, W.P.M.P.Nos.42097 and 42211 of 2010 filed by the petitioners for interim relief are disposed of as infructuous. (C.V.NAGARJUNA REDDY, J) Date: 29.12.2010 VGB