IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 16925 of 2009 Between: G.Ramakrishna Reddy S/o.G.Narasimha Reddy R/o.Kollakunta Village, Hindupur Mandal, Anantapur Dist. ..... PETITIONER AND 1 The Joint Collector, Anantapur, Anantapur District. 2 The Revenue Divisional Officer, Penukonda, Anantapur District. 3 The Mandal Revenue Officer, Hindupur Mandal, Anantapur District. 4 Smt.Nagamani W/o.Ramesh R/o.Kollakunta Village, Hindupur Mandal, Anantapur Dist. .....RESPONDENTS 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not passing orders in stay petition pending appeal against the proceedings 2nd respondent in D.Dis.No.1280/2005C dated 23.7.2009 and adjourning the matter indefinitely as illegal, arbitrary and violative of Art 14, 191(g) 21 of Constitution of India and also violative of A.P. Public distribution System (Control) order 2001 and principles of natural justice and consequently direct the respondents to continue the petitioner as Fair Price Shop dealer of Kollakunta Village, Hindupur Mandal. Counsel for the Petitioner: MR.P.NARAHARI BABU Counsel for the Respondent No.1 to 3: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16925 of 2009 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the 1st respondent in not passing an order in the stay petition pending appeal against the proceedings of the 2nd respondent in D.Dis.No.1280/2005C dated 23.07.2009, as illegal and arbitrary and consequently sought for a direction to the official respondents to continue the petitioner as fair price shop dealer of Kollakunta village of Hindupur Mandal, Anantapur District. The case of the petitioner is that in the vacancy caused on account of the suspension of the authorization of the 4th respondent as fair price shop dealer, the petitioner was appointed as fair price shop dealer of Kollakunta village on temporary basis on 05.10.2005 and since then the petitioner is distributing the commodities to the cardholders without any complaint. It appears, the proceedings against the 4th respondent ended in her favour and that the 2nd respondent passed an order dated 23.07.2009 restoring the authorization of the 4th respondent. Aggrieved by the same, the petitioner filed an appeal before the 1st respondent-Joint Collector and also moved an application of stay of the impugned order under appeal. However, as no orders have been passed, the petitioner approached this Court and filed the present writ petition. Heard both sides. Having regard to the fact that the appeal is very much pending before the 1st respondent, this Court is of the view that the writ petition can be disposed of with a direction to the 1st respondent-Joint Collector to dispose of the appeal filed by the petitioner, within a period of Two weeks from the date of receipt of a copy of this order. The Writ Petition is accordingly disposed of at the admission stage. No order as to costs. ____________________________ (GOPALA KRISHNA TAMADA, J) 17-08-2009 Gsn.