IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 20868 of 2009 Between: M.Venkateswarlu . .Petitioner And The Joint Collector, Ongole, Prakasam District and others. .. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.20868 OF 2009 ORDER: This writ petition is filed by the petitioner seeking a writ of Mandamus to declare the inaction of respondents in not allotting and releasing the Essential Commodities in favour of the petitioner, so as to enable him to continue and distribute the same to the card holders pending finalisation of disciplinary proceedings before the 2nd respondent, as directed by the 1st respondent in proceedings Rc.CS2/2242/2009, dated 16.09.2009, as arbitrary and illegal. 2) According to the petitioner, he is the authorized dealer of fair price shop No.27 of Sankarapuram Village of Mundlamur Mandal, Prakasam District and has been running the fair price shop without any complaint. While so, on 02.07.2009, the Deputy Tahsildar, Darsi, Prakasam District inspected his shop and found variation in the stocks. Later, he submitted a report to the 2nd respondent-Revenue Divisional Officer. Without issuing any show cause notice and without affording an opportunity of hearing, the 2nd respondent suspended the authorization of the petitioner on 14.07.2009. Against the said order, the petitioner approached the appellate authority and filed an appeal on 18.07.2009 and the appellate authority was pleased to grant stay of the said order vide its proceedings dated 01.08.2009. Thereafter, it appears that the appeal was disposed of by the appellate authority on 16.09.2009 and the matter was remanded to the 2nd respondent for holding of an enquiry into the said allegations. The same is challenged in this writ petition. 3) Heard both sides. 4) Having considered the submissions made by the learned counsel for the petitioner, though the authorization of the petitioner as Fair Price Shop dealer was suspended, the petitioner has been distributing the schedule commodities by virtue of the orders passed by the appellate authority, during the pendency of the appeal. Hence, the petitioner may be permitted to distribute the schedule commodities during the pendency of the enquiry before the 2nd respondent. 5) Accordingly, this writ petition is disposed of, at the stage of admission, with a direction to the 2nd respondent-Revenue Divisional Officer to complete the enquiry at the earliest, preferably within a period of eight weeks from the date of receipt of a copy of this order and the 2nd respondent is further directed to permit the petitioner to distribute the schedule commodities during the pendency of the said enquiry. There shall be no order as to costs. ________________________ GOPALA KRISHNA TAMADA, J September 25, 2009 KSH