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 : 3729 of 2008 Between: K.V. Rajinaidu, S/o. Ramulu, R/o. Takkali Village, Nellimarla Mandal, Vizianagaram District. ..... PETITIONER AND 1 The Joint Collector, Vizianagaram District,Vizianagaram. 2 The Revenue Divisional Officer, Vizianagaram. 3 The Tahsildar, Nellimarla Mandal, Vizianagaram 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the orders passed by the 2nd respondent authority vide proceedings in Rc.No. 2783/2006 D, dated 30-6-2007 cancelling the authorization of the dealership of the petitioner for FP Shop, Tekkali Village, Nellimarla Mandal, Vizianagaram District as arbitrary, illegal, null and void and is against the principles of natural justice and norms of the public policy and to set aside the same and consequently direct the respondents to reinstate the petitioner as the Fair Price shop dealer of F.P. Shop, Tekkali Village, Nellimarla Mandal Vizianagaram District. Counsel for the Petitioner: MR.BALAJI MEDAMALLI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 3729 of 2008 ORDER: 1. Heard the learned counsel. 2. The writ petition is filed for a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the orders passed by the 2nd respondent vide proceedings in Rc.No. 2783/2006 D, dated 30-6-2007 cancelling the authorization of the dealership of the petitioner for the fair price shop at Tekkali Village, Nellimarla Mandal, Vizianagaram District as arbitrary, illegal, null and void and is against the principles of natural justice and norms of the public policy and to set aside the same and consequently direct the respondents to reinstate the petitioner as the dealer of the fair price shop at Tekkali Village, Nellimarla Mandal Vizianagaram District. 3. Several facts had been narrated in the affidavit filed in support of the writ petition. It is stated that an appeal had been preferred by the petitioner to the 1st respondent on 13.02.2008 and the same is said to be pending. However, the learned Assistant Government Pleader for Civil Supplies would maintain that the very appeal had been preferred after sufficient lapse of time. This Court is not inclined to express any opinion relating to this aspect. 4. In the light of the facts and circumstances, let the 1st respondent dispose of the appeal in accordance with law within a period of four weeks from the date of receipt of this order. However, it is made clear that any appointment to be made as permanent fair price shop dealer relating to the shop in question would be subject to the further orders to be passed by the appellate authority-1st respondent. It is needless to say that the interviews scheduled to be held on 23.02.2008 may go on, subject to the observation specified above. 5. The writ petition is accordingly disposed of. No order as to costs. _________ 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{RLD} THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 3729 of 2008 Date: 22.02.2008