IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 3530 of 2008 Between: T. Nageswara Rao S/o. Veeraiah Vellalacheruvu Village, Santhamagulur Mandal, Prakasam District. ..... PETITIONER AND 1 The Collector (C.S.) Prakasam District at Ongole. 2 The Revenue Divisional Officer, Ongole, Prakasam District. 3 The Tahsildar (M.R.O.) Santhamagulur Mandal, Prakasam District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction declaring the order of the Revenue Divisional Officer, Ongole in D.DisNo.C/1052/2006, dt.12.02.2008 as illegal, arbitrary, malafide, without jurisdiction and violative of principles of natural justice and set aside the same by issuing a writ of mandamus and further direct that the petitioner be permitted to function as F.P. Shop Dealer of Vellalacheruvu Village, Santhamagulur Mandal, Prakasam District by issuing Essential Commodities pending final orders in this case. Counsel for the Petitioner:MR.I.GOPAL REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 3530 of 2008 ORDER: 1. Heard the learned counsel. 2. The writ petition is filed for a writ, order or direction declaring the order of the Revenue Divisional Officer, Ongole in D.Dis.No.C/1052/2006, dated 12.02.2008 as illegal, arbitrary, mala fide, without jurisdiction and violative of the principles of natural justice and set aside the same by issuing a writ of Mandamus and further direct that the petitioner be permitted to function as the dealer of the fair price shop at Vellalacheruvu Village, Santhamagulur Mandal, Prakasam District by issuing Essential Commodities pending final orders in this case. 3. Several facts had been narrated in the affidavit filed in support of the writ petition and several grounds had also been raised. It is also sated that an appeal had been preferred on 16.02.2008 to the 1st respondent. 4. In view of the facts and circumstances, the writ petitioner is permitted to raise all these grounds before the appellate authority-1st respondent. Let the 1st respondent dispose of the appeal itself within a period of six weeks. Till then, the operation of the impugned order is suspended. 5. The writ petition is accordingly disposed of. No order as to costs. _________________ P.S.NARAYANA, J Date: 22.02.2008 Note: Issue operative portion of the order by wire at party’s costs. (B/o) JSU To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 3530 of 2008 Date: 22.02.2008