IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 2301 of 2008 Between: Goka Mukunda Rao, S/o late Sree Ramulu, Runku Hanumanthupuram (Village) Santhabommali Mandal, Srikakulam District. ..... PETITIONER AND 1 The Tahsildar, Santhabommali Mandal, Srikakulam District. 2 The Sub-Collector, Tekkali, Tekkali Division, Srikakulam District. 3 The Joint Collector (CS), Srikakulam, Srikakulam District. .....RESPONDENTS Counsel for the Petitioner: MR.A.RAMA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : Order: This Writ Petition is filed for a writ of Mandamus to set aside proceedings dated 29-12-2007, whereby respondent No.2 cancelled the authorization of the petitioner, and proceedings dated 24-01-2008 of respondent No.3, rejecting the application for stay filed by the petitioner in the appeal filed questioning proceedings dated 29-12-2007 of respondent No.2. The petitioner has been a fair price shop dealer of Runku Hanumanthapuram Village, Santhabommali Mandal, Srikakulam District. His authorization was suspended on certain allegations. In the appeal filed by him against the said order, respondent No.3 directed respondent No.2 to complete the enquiry and pass orders thereon. Purporting to follow the said order, respondent No.2 passed order on 29-12-2007, whereby he terminated the fair price shop dealership of the petitioner. The petitioner filed appeal before respondent No.3 against the said order and sought for stay of the order of termination. The said application was dismissed by respondent No.3 by his order dated 24-01-2008. Assailing the said order, the petitioner filed the present Writ Petition. This Court while issuing ‘Notice before admission’ on 07-02-2008, granted interim direction to the respondents to continue the petitioner as fair price shop dealer of Runku Hanumanthapuram Village for a period of three weeks, and the said order was extended subsequently, by order dated 21-02-2008 for another period of three weeks. Having heard the learned Counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies, I am not inclined to adjudicate the Writ Petition on merits. Since the appeal filed by the petitioner against the order of termination of his fair price shop authorization is pending before respondent No.3, it is appropriate that respondent No.3, who is the appellate authority, disposes of the said appeal on merits, after giving an opportunity to the petitioner. In this view of the matter, the Writ Petition is disposed of with the direction to respondent No.3 to dispose of the appeal within a period of eight weeks from the date of receipt of a copy of this order. Since the petitioner is continuing as fair price shop dealer of Runku Hanumanthapuram Village, in terms of the interim order passed by this Court, interest of justice would be met, if he is permitted to continue as fair price shop dealer, till the disposal of appeal by respondent No.3. As a sequel to disposal of the Writ Petition, WPMP.No.2965 of 2008 filed by the petitioner for interim relief is also disposed of as infructuous. _____________________ (C.V.NAGARJUNA REDDY, J) 17-03-2008 Note: Furnish CC in four days. B/o LUR