THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16492 of 2009 DATE:12.08.2009 Between: Kum. Rela Dhanalakshmi ... Petitioner and The Joint Collector & Addl. District Magistrate, Guntur, Guntur District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16492 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the proceedings in Rc.No.1259/2009- CSDT, dated 23.06.2009, issued by 2nd respondent, suspending her authorisation in respect of fair price shop of Ravvavaram village, Nuzendla Mandal, Guntur District, as illegal and arbitrary. 2. The facts of the case, in brief, are that the petitioner was appointed as a fair price shop dealer of Ravvavaram village, Nuzendla Mandal, Guntur District, in the year 1982. On 10.06.2009, the Tahsildar, Nuzendla Mandal, - 3rd respondent has inspected the fair price shop of the petitioner, having found excess stock of rice, seized 92 bags and 40 kgs of PDS rice, under cover of panchnama dated 10.06.2009, and in that regard, sent a report to the Revenue Divisional Officer, Narasaraopet, Guntur - 2nd respondent, in Rc.No.131/09-A, dated 12.06.2009. Pursuant thereto, the 2nd respondent has issued proceedings in Rc.No.1259/2009-CSDT, dated 23.06.2009, suspending the authorisation of the petitioner, until further orders. The same is challenged in 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 the 2nd respondent without conducting proper enquiry and without issuing a show cause notice to the petitioner, suspended the authorisation of the petitioner, that no case under Section 6-A of the Essential Commodties Act 1955 is registered against the petitioner, and that though the petitioner has filed an appeal before the Joint Collector, Guntur District - 1st respondent on 09.06.2009 seeking restoration of her authorisation, along with a petition seeking suspension of execution of the impugned order of the 2nd respondent dated 23.06.2009, the 1st respondent has not passed any order so far. 5. Having considered the submissiona made by both the learned counsel and taking into consideration the fact that the petitioner did not supply the essential commodities to the cardholders for the month of July, 2009 and it was done by way of an alternative arrangement, this Court is not inclined to acceed to the request of the learned counsel for the petitioner to suspend the operation of the order of the 2nd respondent dated 23.06.2009. 6. Apparently, the authroisation of the petitioner was kept under suspension by the 2nd respondent, by proceedings in Rc.No.1259/2009-CSDT, dated 23.06.2009. As against the said order, the petitioner filed an appeal before the 1st respondent on 09.06.2009 seeking restoration of her authorisation, along with a petition seeking suspension of operation of the order of the 2nd respondent dated 23.06.2009, but so far, the 1st respondent has not passed any order thereon. In the light of the above, this Court is of the view that this writ petition can be disposed of with a direction to the 1st respondent to dispose of the appeal filed by the petitioner. 6. Accordingly, this writ petition is disposed of directing the 1st respondent to dispose of the appeal filed by the petitioner on 09.06.2009, within a period of four (4) weeks from the date of receipt of a copy of this order. If for any reason, no order is passed in the appeal, within the stipulated time, the authorisation of the petitioner shall be restored, and the petitioner shall be permitted to supply the essential commodities to the cardholders, pending consideration of the appeal. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 12th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16492 of 2009 (Disposed of) 12th August, 2009 CBS