THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.17491 of 2009 Dated:10.03.2010 Between: Banoth Kuber Singh .. Petitioner And The Joint Collector, Khammam, Khammam District and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.17491 of 2009 ORDER: The petitioner is a Dealer of Fair Price Shop (FPS) bearing No.31018 of Anjanapuram Village of Garla Mandal in Khammam District. The Deputy Tahsildar (Civil Supplies), Yellandu Taluk, submitted a report to the Joint Collector alleging contravention of the relevant Control Order by the petitioner. Based on the same, proceedings under Section 6-A of the Essential Commodities Act, 1955 (the Act) were initiated by the first respondent. In the meanwhile, second respondent issued impugned proceedings dated 04.08.2009 suspending the authorization of the petitioner until finalization of the case under Section 6-A of the Act. Assailing the same, the present Writ Petition is filed. The submission of the learned counsel for the petitioner that the impugned order is void as the same is issued under the Andhra Pradesh Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973 has been repealed, cannot be accepted. It is axiomatic that if power exists in a public authority, mere wrong mention of the provision does not render the decision or order void or on that basis such order cannot be invalidated. Be that as it is, the order passed by the second respondent presumably under Clause 5(5) of the Andhra Pradesh State Public Distribution System (Control) Order, 2008 is appealable under Clause 20 of the said Order. It appears that the petitioner already preferred appeal and the same is pending. In stead of keeping the same pending, the Writ Petition is disposed of directing the first respondent to finalize the appeal within a period of four weeks from the date of receipt of a copy of this order. Till then the petitioner – if there are no other allegations against him; shall be continued as a dealer. There shall be no order as to costs. _________________ (V.V.S.RAO, J) 10.03.2010 KH