THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15818 of 2009 DATE: 04.08.2009 Between: Konidena Padmaja ... Petitioner and Joint collector, Prakasam District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15818 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 1st respondent in not passing an order on the stay petition in an appeal filed by her against the order in Rc.No.970/G/2009, dated 18.06.2009, passed by the 2nd respondent, is illegal and arbitrary, and consequently direct the respondents to continue her as fair price shop dealer for shop No.2 of Rajupalem village. 2. The facts of the case, in brief, are that the petitioner was appointed as a fair price shop dealer for shop No.2 of Rajupalem village, Martur Mandal, Prakasam District. On 17.06.2009 the Enforcement Deputy Tahsildar, Addanki has surprised the fair price shop of the petitioner, having found shortage of 4.20 quintals of PDS rice and 1.75 quintals of AAY rice from out of the allotment made for June 2009, seized the said stocks and filed a case against the petitioner under Section 6-A of the Essential Commodities Act (for short 'the Act') and later sent a report to the Revenue Divisional Officer, Ongole, Prakasam District - 2nd respondent. Basing on the said report, the 2nd respondent has issued a show cause notice to the petitioner, by proceedings in Rc.No.970/G/2009, dated 18.06.2009, to show cause as to why her authorisation should not be cancelled, within seven days from the date of receipt of the said notice and he also passed an order on the even date suspending her authorisation, pending enquiry into the case. Questioning the said orders, the petitioner approached the Collector (C.S.Wing), Ongole, Prakasam District and filed an appeal on 13.07.2009 along with a petition seeking stay of operation of the orders of the 2nd respondent, but no order has been passed on the said petition so far. Aggrieved by the same, the petitioner filed this writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has submitted that though the petitioner has submitted her explanation on 29.06.2009, the 2nd respondent, without conducting enquiry thereon, passed the impugned order and that the 1st respondent, being the appellate authority under Clause 20 of the Andhra Pradesh State Public Distribution System Control Order 2008, has to pass an order on the stay petition filed by the petitioner. 5. As the appeal filed by the petitioner is very much pending with the Joint Collector at Ongole, Prakasam District - 1st respondent and the petitioner also filed a petition seeking stay of operation of the order dated 18.06.2009 passed by the 2nd respondent, the 1st respondent is hereby directed to pass necessary orders on the stay petition in the appeal, within a period of four weeks from the date of receipt of a copy of this order. If for any reason, no order is passed within the stipulated time, the authorisation of the petitioner shall be restored and the petitioner shall be permitted to continue as fair price shop dealer for shop No.2 of Rajupalem village, Martur Mandal, Prakasam District. 6. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 4th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15818 of 2009 (Disposed of) 4th August, 2009 CBS