THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.16762 of 2010 ORDER: Petitioner is an authorized fair price shop dealer for shop No.1 of Thammadapalli Village, Bachannapet Mandal, Warangal District. A notice, dated 21.06.2010 was issued to him to show cause as to why certain commodities, which are meant for distribution to the cardholders, were stored in a different house than the permitted house. He filed his explanation on 23.06.2010 stating that in view of marriage function of himself, the stocks were temporarily stored in that place and requested to excuse him for the same. Although such explanation is referred to, without recording any finding thereon and merely alleging that the petitioner has violated the provisions of the Andhra Pradesh State Public Distribution System Control Order, 2008 (for short ‘the Control Order’), the second respondent vide order bearing Rc.No.H/955/2010, dated 28.06.2010 suspended his fair price shop authorisation. It is stated that as against the said order, as provided in the Control Order, the petitioner preferred appeal before the first respondent – Joint Collector, Warangal, on 09.07.2010, but he has not taken up either appeal or stay application filed by the petitioner. Hence, he has filed this writ petition questioning the order, dated 28.06.2010 itself. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. I have perused a copy of the impugned order, which shows that though a reference is made to the show cause notice issued to the petitioner based on certain allegations and the explanation offered by him, there is no prima facie finding recorded on such explanation with reference to the alleged violations. Merely stating that it is a violation under the provisions of the Control Order itself is not a reason within the meaning of Clause 5(5) of the Control Order. In any event, as the petitioner filed appeal before the appellate authority on 09.07.2010 and such appeal is pending consideration before it, I dispose of the writ petition with the direction to the appellate authority to dispose of the appeal preferred by the petitioner as expeditiously as possible, preferably, within a period of three (3) months from the date of receipt of a copy of this order. I further direct that the order, dated 28.06.2010 passed by the second respondent shall remain suspended during pendency of the appeal before the appellate authority. In view of the same, there shall be a direction to the respondents to continue the supply of scheduled commodities to the petitioner till disposal of the appeal by the appellate authority. No order as to costs. ______________________ R.SUBHASH REDDY, J 14th JULY, 2010. Note: issue copy tomorrow. kvni