HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.27871 of 2011 Date: 12.10.2011 Between : Boya China Rangaiah … Petitioner and The Joint Collector (C.S.), Kurnool, Kurnool District and others. … Respondents HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.27871 of 2011 ORDER : Heard Sri J. Janaki Rami Reddy, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Civil Supplies appearing for the respondents. 2. The petitioner is a Fair Price Shop dealer of Shop No.10 of Kodumur Village and Mandal, Kurnool District. Alleging that he is not distributing the commodities to the card holders through out the month, not supplying the quantities as prescribed and not maintaining the timings for the sale of commodities, the 2nd respondent-Revenue Divisional Officer, Kurnool, suspended the authorisation of the petitioner in proceedings Rc.B.1367/2011, dated 13.9.2011. Aggrieved by the same, the petitioner carried the matter in appeal before the 1st respondent-Joint Collector (C.S.), Kurnool, as provided under the provisions of the A.P. State Public Distribution System (Control) Order, 2008 (for brevity “the Control Order”). The grievance of the petitioner is that though he has filed the appeal along with an application seeking stay on 20.9.2011, the 1st respondent has not passed any orders in the said appeal. Therefore, the petitioner has filed the present writ petition. 3. Though it is argued by the learned counsel for the petitioner that the allegations in the impugned order are false and incorrect, in view of pendency of the appeal, it is for the 1st respondent-appellate authority to decide the correctness or otherwise of the said allegations while deciding the appeal. In any event, it is to be noticed that when the Control Order provides for an appeal against the order of the 2nd respondent-primary authority, there is no reason for the 1st respondent-appellate authority in not considering the interim stay application filed along with the appeal. With regard to the allegations made in the impugned order, it is a matter to be decided after conducting the enquiry by giving reasonable opportunity to the petitioner. 4. In the circumstances, I deem it appropriate to dispose of the writ petition directing the 1st respondent-appellate authority to dispose of the appeal filed by the petitioner on 20.9.2011 as expeditiously as possible, preferably within a period of four months from today. Till final disposal of the said appeal, the impugned proceedings Rc.B.1367/2011, dated 13.9.2011 issued by the 2nd respondent-primary authority is suspended. 5. Subject to the above directions, the writ petition is disposed of, at the admission stage. No order as to costs. _______________________________ JUSTICE R. SUBHASH REDDY 12.10.2011. NOTE: Issue C.C. in three days. (B/O) Msr HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.27871 of 2011 12.10.2011 Msr