IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF SEPTEMBER, TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.20209 OF 2009 BETWEEN: Munaga Guravarjunarao S/o. Ramulu …. Petitioner AND The Joint Collector (C.S. Wing), Ongole, Prakasam District and Others. …. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.20209 OF 2009 ORDER: This writ petition is filed by the petitioner Munaga Guravarjunarao seeking a Writ of Mandamus to declare the action of the respondents in not allotting and releasing the essential commodities to the petitioner’s Fair Price Shop Nos.1, 2 and 9 of Darsi Town and Mandal, Prakasam District, pending finalization of disciplinary proceedings before respondent No.2, Revenue Divisional Officer, Kandukur, as directed by respondent No.1, Joint Collector, Prakasham District in proceedings Rc.No.CS2/2346/2008, dated 15- 09-2009, as illegal and arbitrary. 2. The case of the petitioner in brief is that the petitioner is a permanent dealer of Fair Price Shop Nos. 1 and 2 of Darsi Town and incharge of Fair Price Shop No.9 of Darsi Town and is supplying the essential commodities to the cardholders without any complaints. On 06-07-2009, respondent No.4 – the Enforcement Deputy Tahasildar, Giddalur Mandal, Prakasam District along with his staff, under the instructions of respondents Nos.2 and 3, inspected the fair price shops of the petitioner and seized 26.26 quintals of Rice and 408 liters of Kerosene Oil and registered a case under Section 6-A (1) of the Essential Commodities Act, 1955 (for short ‘the Act’). Thereafter, respondent No.2 has suspended the authorization of the petitioner under proceedings No.F/528/2009, dated 13-07-2009. Aggrieved of the same, the petitioner filed an appeal before respondent No.1 and respondent No.1 under the proceedings Rc.CS2/2346/2009 dated 03- 08-2009, stayed the operation of the proceedings dated 13-07-2009 of respondent No.2. Thereafter, respondent No.1, on 15-09-2009, after hearing the parties, remanded the matter to respondent No.2 under proceedings bearing Rc.No.CS2/2346/2008 to complete the enquiry within one month by following due process of law and vacated the stay order granted by him earlier. Then, the petitioner approached respondent Nos.2 and 3 requesting them to allot the essential commodities to distribute the same to the cardholders, which was not considered by them. Challenging the same, the present writ petition is filed by the petitioner. 3. Heard both sides. 4. Having regard to the fact that the order dated 13-07-2009 passed by respondent No.2 was suspended by respondent No.1 during the pendency of the statutory appeal permitting the petitioner to distribute the essential commodities, this Court is of the view that the petitioner may be permitted to continue as a dealer of the fair price shops referred supra during the pendency of the enquiry by respondent No.2. 5. Accordingly, this Writ Petition is disposed of with a direction to respondent No.2 – Revenue Divisional Officer, Kandukur to complete the enquiry within the time as prescribed by respondent No.1 – Joint Collector in proceedings Rc.No.CS2/2346/2008, dated 15-09- 2009. In the meanwhile, the petitioner shall be allowed to continue as Fair Price Shop Dealer, during the pendency of the enquiry. No order as to costs. __________________________ GOPALA KRISHNA TAMADA, J September 18, 2009. KTL/GSN