THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.15413 OF 2008 BETWEEN: Gadu Yerrappadu, S/o. Asiraiah, Fair Price Shop Dealer, Kesavadaspuram Village, Ponduru Mandal, Srikakulam District. …. PETITIONER And 1. The Revenue Divisional Officer, Srikakulam, and another. …. RESPONDENTS Counsel for petitioners: Sri M. Viswanadham Counsel for respondents: G.P. for Civil Supplies The Court made the following order: ORDER: 1. The petitioner, a Fair Price Shop dealer in respect of Kesavadaspuram Village, Ponduru Mandal, Srikakulam District, filed this writ petition challenging the notification Rc.No.800/2005 H, dated 30.06.2008, issued by the Revenue Divisional Officer, Srikakulam, the 1st respondent herein calling for applications for appointment of a new dealer in respect of the said shop in the vacancy caused due to the cancellation of the authorization of the petitioner. 2. This writ petition has been filed on the premise and assumption that the petitioner’s authorization was neither cancelled nor suspended and the same is in existence, and hence contending that a new dealer cannot be appointed during the subsistence of authorization of the petitioner. 3. A counter affidavit has been filed on behalf of the respondents stating that the authorization was cancelled by proceedings of the 1st respondent herein dated 26.04.2008 in Rc.No.800/04 H, and the petitioner has also availed the remedy by filing an appeal before the Joint Collector, Srikakulam and the same has been taken on file in SRA No.18/08/S2 and the said appeal is still pending. 4. Even though, the authorization has been cancelled, but on account of the fact that the statutory appeal field by the petitioner against the cancellation is admittedly pending before the Joint Collector, it cannot be said that the permanent vacancy has arisen. I am therefore of the opinion that unless the appeal itself is finally decided it is not fair and equitable to appoint a dealer on permanent basis in respect of the said shop. 5. This Court while admitting the writ petition by order in W.P.M.P.No.19954 of 2008 dated 22.07.2008 granted interim stay on account of which no appointment has been made in pursuance of the impugned notification. In as much as the appeal is still pending, I deem it appropriate to direct the Joint Collector, Srikakulam to dispose of the appeal SRA.No.18/08/S2 said to have been filed by the petitioner, as early as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. The respondents are directed to keep the notification in R.C.No.800/2005 dated 30.06.2008 in abeyance till the disposal of the appeal. 6. The Writ Petition is disposed of as above. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 3rd November, 2010 Js. Note: Mark a copy of this order to Joint Collector, Srikakulam. (B/o)