IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 19009 of 2009 Between: N.Murali Krishna . .Petitioner And The District Collector, Kadapa District and others. .. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.19009 OF 2009 ORDER: The petitioner filed this writ petition under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action of the 2nd respondent in not passing any orders on petitioner’s stay petition filed in the appeal which was preferred against the proceedings in Ref.No.C/799/2009, dated 18.08.2009 of the 3rd respondent herein, as illegal, arbitrary, against all canons of fair-play and natural justice and consequently direct the respondents to dispose of the said appeal forthwith. 2) On the allegation that the petitioner, who is an authorized fair price shop dealer, is not distributing the essential commodities to the card holders promptly and regularly, a show cause notice was issued by the 3rd respondent-Revenue Divisional Officer on 26.07.2009 directing the petitioner to offer his explanation. The petitioner submitted his explanation on 10.08.2009. However, the 3rd respondent by his proceedings dated 18.08.2009 passed an order canceling the authorization of the petitioner as fair price shop dealer. As against the said order dated 18.08.2009, the petitioner approached the 2nd respondent, Joint Collector, who is the appellate authority and filed an appeal on 27.08.2009 and also requested the 2nd respondent authority to order stay of all further proceedings by filing a separate application. But, no orders have yet been passed. Hence, the petitioner approached this Court and filed the present writ petition. 3) Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4 ) Having regard to the fact that the petitioner had approached the 2nd respondent and filed an appeal on 27.08.2009 itself, this Court is of the view that this writ petition can be disposed of with a direction to the 2nd respondent to hear the said appeal and also the stay petition and pass necessary orders at the earliest, preferably within a period of six(6) weeks from the date of receipt of a copy of this order. If for any reason, the appeal is not decided as directed above, the authorization of the fair price shop of the petitioner shall be restored and he shall be permitted to distribute the schedule commodities to the card holders, pending disposal of the said appeal. 5) With the above directions, the Writ Petition is disposed of at the stage of admission. There shall be no order as to costs. ________________________ GOPALA KRISHNA TAMADA, J September 09, 2009 KSH