THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 15666 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to direct the respondents to allot the essential commodities to his Fair Price Shop Nos.5 and 6, Darsi village, Prakasam District, for the month of August 2009 and onwards, for distribution to the card holders, and to declare the order of suspension passed by 3rd respondent in Rc.F/524/09, dated 13.07.2009, as arbitrary and illegal. 2. The facts of the case, in brief, are that on 06.07.2009 the Enforcement Deputy Tahasildar, Darsi village - 4th respondent has inspected the fair price shop Nos.5 and 6, Darsi village, Prakasam District, belonging to the petitioner and as the petitioner did not produce the sales register and coupons, he seized 108 kgs of rice and 25 litres of kerosene and booked a case against him under Section 6- A(i) of the Essential Commodities Act 1955 and submitted a report to the Revenue Divisional Officer, Kandukur - 3rd respondent. Basing on that report, the 3rd respondent has issued proceedings in Rc.F/524/09, dated 13.07.2009, suspending the authorisation of the petitioner. 3. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. 4. According to the learned counsel for the petitioner, the petitioner is the authorised dealer of fair price shop Nos.5 and 6, Darsi village, Prakasam District, that immediately after the order of suspension dated 13.07.2009 passed by the 3rd respondent, the petitioner approached the Joint Collector, Prakasam District - 2nd respondent and filed an appeal on 16.07.2009 along with an application seeking stay of operation of the suspension order passed by the 3rd respondent, but no orders are passed in the said application, that with a malafide intention, the authorisation of the petitioner to run the fair price shops was suspended, and that as the petitioner did not support the local M.L.A. in the recent elections, the local M.L.A. got the authorisation of the petitioner suspended. 5. Having heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the respondents, it may not be necessary for this Court to go into the aspect of the malafides attributed by the learned counsel for the petitioner. As the appeal filed by the petitioner is very much pending before the 2nd respondent, this Court is of the view that the 2nd respondent shall be directed to decide the appeal, as expeditiously as possible, preferably within a period of ten (10) days from the date of receipt of a copy of this order. Further, as the learned counsel for the petitioner has submitted that in a similar matter, this Court has stayed operation of suspension order, this Court is of the view that the order dated 13.07.2009 passed by the 3rd respondent suspending the authorisation of the petitioner to run the fair price shops shall be stayed, till the appeal filed by the petitioner is disposed of. 6. Accordingly, this writ petition is disposed of. There shall be no order as to costs. __________________________ GOPALA KRISHNA TAMADA, J 3rd August, 2009. CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15666 of 2009 3rd August, 2009 CBS