1 W.P. 9825.2011 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9825 OF 2011 Shamrao S/o Maroti Kharat Age : Major, Occ. Businss, R/o : Makodi, Tq. Sengaon, Dist. : Hingoli. .... PETITIONER V E R S U S 1. The State of Maharashtra Through its Principal Secretary, Food, Civil Supply Mantralaya, Mumbai – 32. 2. The Deputy Commissioner ( Supply), Aurangabad. 3. The District Supply Officer, Hingoli. 4. The Tahsildar, Sengaon, Tq. Sengaon, Dist. Hingoli. .... RESPONDENTS Mr. N.D.Kendre, Advocate for the Petitioner. Mr. B.V.Wagh, Asstt. Govt. Pleader for State. 2 W.P. 9825.2011 - [ J ] CORAM : S.V.GANGAPURWALA, J. DATE OF JUDGMENT : 21/12/2011. ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, taken up for final hearing. 2. The petitioner has filed Appeal before the Dy. Commissioner ( Supply ), Aurangabad against the order passed by the District Supply Officer cancelling the licence of the petitioner. Along with the Appeal, the petitioner has moved stay petition. It is the grievance of the petitioner that the stay petition has not been considered, the next date is kept on 17/01/2012 and the respondents would allot the shop to some third person. The petitioner prays for quashing and setting aside the order dated 13/12/2011. 3. When the Appeal is pending, it would not be appropriate to deal with the order passed by respondent no. 3 cancelling the authorization of the fair price shop of the petitioner. The petitioner has also moved stay petition. In that view of the matter, the Writ Petition is disposed of with directions to the Dy. Commissioner ( Supply ), Aurangabad to decide the stay petition in the Appeal filed by the 3 W.P. 9825.2011 - [ J ] petitioner expeditiously. The petitioner shall appear before the Dy. Commissioner ( Supply ), Aurangabad on 02/01/2012 and the Dy. Commissioner ( Supply ), Aurangabad shall decide the stay petition within the period of ten ( 10 ) days from the date of appearance of the petitioner. Till the decision of the stay petition, the respondents shall not allot the shop which is run by the petitioner to any third person. 4. Rule is made absolute in above terms. No costs. Authenticated copy be given. [ S.V. GANGAPURWALA,J. ] KNP/W.P. 9825.2011 - [ J ]