THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19437 of 2009 DATE:14.09.2009 Between: Chilakala Venkata Lakshmi ... Petitioner and The Revenue Divisional Officer, Markapuram, Prakasam District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19437 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 1st respondent in issuing proceedings No.RCH.392/2009 dated 14.07.2009 suspending her authorisation, as illegal and arbitrary, and consequently, to direct the respondents to reinstate and continue her as fair price shop dealer of Gantapuram village, B.V. Peta Mandal, Prakasam District. 2. Briefly, the case of the petitioner is that she was appointed as a fair price shop dealer of Gantapuram village, B.V. Peta Mandal, Prakasam District about 16 years ago and since then she has been distributing the essential commodities to the cardholders without any complaint. While so, on 09.06.2009 the Special Task Force Team members of the Tahsildar, B.V.Peta Mandal - 3rd respondent and the Endorcement Deputy Tahsildar, Giddalur inspected her shop and having found variation of 15 kgs of PDS rice in excess, they submitted a report dated 09.07.2009 to the Revenue Divisional Officer, Markapuram, Prakasam District - 1st respondent. Basing on the said report, the 1st respondent issued proceedings No.RCH.392/2009 dated 14.07.2009 suspending her authorisation. Challenging the same, she filed an appeal before the Joint Collector, Prakasam District - 2nd respondent along with a petition seeking stay of operation of the order of the 1st respondent. But so far, no order has been passed on the stay petition. Aggrieved by the same, she filed the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. It is the main contention of the learned counsel for the petitioner that as per the relevant control order, 4% of variation in the stocks of essential commodities is permissible. Therefore, variation of 15 kgs of rice is within the permissible limit. However, this aspect cannot be gone into by this Court, at this stage, for the reason that the stock position is not known. Further, as an appeal is filed by the petitioner and it is pending with the 2nd respondent, it is desirable that the 2nd respondent be directed to dispose of the appeal at the earliest. 5. Accordingly, this writ petition is disposed of directing the 2nd respondent to dispose of the appeal filed by the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. If for any reason the appeal is not disposed of within the stipulated time, the authorisation of the petitioner shall be restored and she shall be permitted to distribute the essential commodities to the cardholders, during pendency of the appeal. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 14th September, 2009 Note: Furnish CC by four days. ( b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19437 of 2009 (Disposed of) 14th September, 2009 Note: Furnish CC by four days. ( b/o) CBS