HON’BLE MR.JUSTICE R.SUBHASH REDDY Writ Petition No.29172 of 2008 Date: October 18, 2011 Between: Jhansi Dwakra Group, rep. by Its 1st leader V.Janakamma, W/o.Pandu Rangaiah … Petitioner And The Sub Collector, Madanapalle, Chittoor District and another … Respondents Order: This writ petition is filed seeking mandamus declaring the action of the respondents in filling up the vacancy of fair price shop No.13 of Badikayalapalle village, B.Kothakota Mandal, Chittoor District as illegal and arbitrary. The petitioner is a DWAKRA Group. It was granted authorization to distribute essential commodities for fair price shop No.13 of Badikayalapalle village, B.Kothakota Mandal of Chittoor District. On certain allegations, the authorization of the petitioner was suspended by the 1st respondent-Sub Collector, Madanapalle, vide proceedings dated 03.09.2005 issued in ROC.A3/3585/05, referring to the report dated 04.06.2005 of the Mandal Revenue Officer, B.Kothakota, wherein it is stated that certain irregularities are committed by the petitioner resulting in inconvenience to the cardholders. It is stated that the petitioner has submitted explanation to the charges framed and enquiry is pending. It is the grievance of the petitioner that though no final orders are passed in the enquiry proceedings, respondents have issued a notification inviting applications for filling up the vacancy of dealer for the shop in question although it is holding valid authorization. Though the writ petition is of the year 2008, no counter-affidavit is filed. By passing an order suspending the authorization of the petitioner pending enquiry, vacancy of the fair price shop, for which the petitioner was granted authorization, cannot be filled up without passing final orders in the enquiry proceedings. As this court, at the stage of admission, by order dated 31.12.2008 in WPMP No.38111 of 2008, directed the respondents not to fill up the vacancy of the fair price shop in question, in absence of any counter-affidavit rebutting the allegations of the petitioner and also in view of the fact that enquiry is pending, I dispose of the writ petition directing the respondents to complete the enquiry pursuant to the order dated 03.09.2005 issued in ROC.A3/3585/05, if not already completed and pass appropriate orders as expeditiously as possible, preferably within three months from the date of receipt of this order. Till such time, no steps shall be taken to fill up the vacancy for the fair price shop in question. No costs. ___________________ (R.SUBHASH REDDY, J) October 18, 2011 MRR