THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.29567 of 2010 DT.26.11.2010 Between: Valluru Prabhakara Rao … Petitioner And The Joint Collector, Srikakulam District, Srikakulam & others. … Respondents Counsel for the Petitioner: Sri Mavidi Rama Rao Counsel for respondents: AGP for Civil Supplies The Court made the following ORDER: ORDER: This writ petition is filed for a mandamus to set aside order, dated 12.11.2010, passed by respondent No.2, whereby he has suspended the petitioner’s fair price shop authorization. At the hearing, Sri Mavidi Rama Rao, learned counsel for the petitioner, has fairly stated that after filing this writ petition, his client has filed an appeal before respondent No.1 questioning the order impugned in this writ petition. As the petitioner has already availed the alternative remedy of appeal, which is stated to be pending, this writ petition cannot be adjudicated on merits. However, the learned counsel for the petitioner submitted that as his client has been functioning as fair price shop dealer for the last 18 years, interests of justice warrant that he may be continued till an appropriate order is passed by respondent No.1. I do not find this contention acceptable, because the very validity of the order of suspension passed by respondent No.2, pending enquiry, is the subject matter of an appeal and the petitioner’s stay application is pending before respondent No.1. This being so, respondent No.1 shall be allowed to exercise his discretion of passing an appropriate order on the stay application stated to have been filed by the petitioner. In this view of the matter, respondent No.1 is directed to dispose of the application for stay, if any, filed by the petitioner in the appeal filed against the order of respondent No.2, within a period of one week from the date of receipt of a copy of this order. Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.37663 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. (C.V.NAGARJUNA REDDY, J) Date: 26.11.2010. Note: Issue CC in three days. (b/o) VGB