IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO:21753 OF 2008 DATED:28.10.2010 Between: Smt.C.Bhagyalakshmi. .....PETITIONER AND 1 Govt. of A.P rep by the Joint Collector, Ananthapur & others .....RESPONDENTs This Court made the following : THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO:21753 OF 2008 ORDER: The petitioner is a Fair Price Shop License Holder of Mamillakuntapalli village, O.D.Cheruvu mandal, Ananthapur District. Licence was granted to her vide proceedings D.Dis.No:2237/94A, dated 30.4.1995. Basing on the report of the Mandal Revenue Officer, O.D.Cheruvu Mandal that the petitioner was not distributing essential commodities properly, and committed certain irregularities in the distribution of the essential commodities to the card-holders, the licence of the petitioner was suspended vide proceedings No:R.C.No:519/2002/H, dated 17.4.2002, pending enquiry. After conducting enquiry, the Revenue Divisional Officer by orders in R.C.No:519/2002/C, dated 25.8.2008, holding the charges framed against the petitioner as not proved, restored the licence to the petitioner. The 3rd respondent who is said to be the earlier licencee in respect of the same shop, preferred an appeal against the said order to the Joint Collector and Additional District Magistrate, Ananthapur-1st respondent herein. The 1st respondent entertained the said appeal and by orders in R.C.No:K4/PKD/1722/2008, dated nil.09.2008 stayed the operation of the aforestated order of the Revenue Divisional Officer, dated 25.8.2008. Aggrieved by the said orders of the Joint Collector, the petitioner has filed this writ petition. The 3rd respondent has been served with notice and there is no appearance on his behalf. On the consent of the learned counsel for the petitioner and the learned G.P. for Civil Supplies, this writ petition is disposed at the interlocutory stage. This Court while admitting the writ petition by orders dated 13.10.2008 granted interim suspension of the orders of the Joint Collector. The undisputed facts are that the petitioner has been granted licence. After an enquiry conducted by the Revenue Divisional Officer, she was exonerated of the charges leveled against her regarding the irregularities said to have been committed in the distribution of commodities. It is also not in dispute that consequent upon the restoration of the licence, the petitioner has been distributing the commodities. The third respondent does not claim to hold any authorization to run the said shop and hence, there is no purpose in preventing the petitioner from dealing with the commodities despite fact that her licence has already been restored. Whether the petitioner is guilty of the irregularities alleged against her and whether the orders dated 25.8.2008 restoring her licence, is illegal or invalid are the questions to be decided in the appeal. A perusal of the orders impugned in the writ petition wherein stay has been granted, would show that the 1st respondent has not considered the necessity or other wise of granting interim order interdicting the distribution of the commodities by the petitioner. The order does not disclose prima facie reasons for staying the operation of the order of the Revenue Divisional Officer which is pending before the 1st respondent herein. There is no purpose in disabling the petitioner from distributing the commodities pending the appeal. I am therefore of the view that in the interest of justice, the order impugned in the writ petition is liable to be set aside. The 1st respondent, however, is directed to dispose of the appeal said to have been filed by the 3rd respondent as early as possible, preferably within a period of six (6) Weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is allowed. No order as to costs. _______________ Justice Noushad Ali Date:28.10.2010. gurc THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO:21753 OF 2008 28th OCTOBER, 2010