IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 10360 of 2009 Between: M/s. M.V. Narasimham, Wholesal SKO Dealer of BPC, Piduguralla, Guntur District, rep. by its Managing Partner M.V. Bhasker Rao. ..... PETITIONER AND 1 The Commissioner of Civil Supplies, A.P. Civil Supplies Bhavan, Somajiguda, Hyderabad. 2 The Joint Collector and Addl. District Magistrate, Guntur. .....RESPONDENT(S) 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not granting stay pending disposal of the appeal preferred against the order of the 2nd respondent bearing Rc.No.342/2009/S4, dated 08.04.2009, as illegal, arbitrary and unjust, and pass Counsel for the Petitioner:MR.N.SIVA REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : ORDER: Heard Sri N.Siva Reddy, learned counsel for the petitioner and the learned Government Pleader for Civil Supplies, and at their request, the writ petition itself is taken up for final disposal. The only grievance of the petitioner in this writ petition is against non-granting of the stay pending a substantive appeal before the first respondent herein, assailing the orders of the second respondent. Having regard to the facts and circumstances of the case, and especially, when the appeal is pending for consideration before the first respondent, it is needless to go into the merits of the case and it would suffice to stay the proceedings pending disposal of the appeal. The Writ Petition is accordingly disposed of directing maintenance of stay of impugned proceedings dated 08/04/2009 pending disposal of the appeal before the first respondent, and the first respondent shall dispose of the appeal at the earliest, after giving notice and opportunity to the petitioner. No order as to costs. _________________ B.PRAKASH RAO, J Date: 21-05-2009 NOTE: Furnish C.C. by two days. B/o. SKM