IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 14722 OF 2010 Between: A.Subrahmanyam ..... PETITIONER AND The Collector (C.S.Wing), Prakasam District, Ongole and others .....RESPONDENTS The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No.14722 OF 2010 O R D E R : The petitioner’s authorization in respect of the fair price shop Nos.5 and 6, Darsi village and Mandal, Prakasam District was cancelled by the 2nd respondent-Revenue Divisional Officer, Kandukur by proceedings dated 16.04.2010. Aggrieved by the same, the petitioner preferred an appeal before the 1st respondent, which is still pending. Aggrieved by the inaction on the part of the 1st respondent in considering the petitioner’s application for grant of stay pending the appeal, the present writ petition has been filed. Heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the respondents. The material available on record shows that though the petitioner’s authorization was suspended pending enquiry on 13.07.2009 by virtue of the order passed by this Court in W.P.No.15666 of 2009, dated 03.08.2009 and the subsequent order passed by the 1st respondent dated 16.10.2009, the petitioner was allowed to continue as the fair price shop dealer till the impugned order of cancellation was passed. It is also brought to my notice that the proceedings initiated against the petitioner under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) on the basis of the very same allegations were disposed of by order dated 15.09.2009 passed by the Collector (C.S) Prakasam District, holding that the allegation that the petitioner had diverted the stocks into black market without distribution to card holders was not correct. In the facts and circumstances of the case the balance of convenience is in favour of the petitioner and it would be appropriate to allow him to continue as dealer of the fair price shop in question till the appeal pending on the file of the 1st respondent is decided. Accordingly, the Writ Petition is disposed of with a direction to the 1st respondent to dispose of the appeal pending on his file following due process of law. Till such time, the petitioner shall be permitted to continue as fair price shop dealer. No costs. ​ ____________ Date: 25.06.2010 G. ROHINI, J Ivd