THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO.30015 OF 2010 Date 1.12.2010 Between : MMM Co-operative Stores rep. by Its Authorised Fair Price Shop Dealer, D.Lakshumma, W/o. Mallaiah, Fair Price Shop Dealer, R/o. Saipet, Kadapa City, Y.S.R. District. …... PETITIONER And 1. The Joint Collector, Y.S.R. District, Kadapa, and others. …....RESPONDENTS Counsel for the petitioner: V.R. Reddy Kovvuri. Counsel for the respondents: G.P. for Civil Supplies. The Court made the following. ORDER: The petitioner, a Fair Price Shop Dealer in respect of shop No.30, Saipet, Kadapa City, has filed this writ petition challenging the orders of the 1st respondent dated 18.11.2010 passed in L.Dis.No.1(3)/4126/2010, declining to grant stay of the order of the 2nd respondent-Revenue Divisional Officer, Kadapa, dated 16.10.2010 in Ref.C/1930/2010 suspending the authorisation in respect the aforesaid Fair Price Shop pending enquiry, as illegal. On 6.10.2010, the Enforcement Deputy Tahsildar, Kadapa, Mill Levy Revenue Inspector, Kadapa, and Food Inspector, Kadapa, inspected the shop of the petitioner and found one B. Mallaiah conducting the business. The said Mallaiah appears to be the husband of the dealer D. Lakshumma. On verification of the records the enforcement team found certain variations between the registers and ground stock, besides irregularities such as non- distribution of kerosene in the month of September 2010 and improper maintenance of stock register in respect thereto. Based on the said allegations, the 2nd respondent suspended the authorisation, pending enquiry. Aggrieved by the same, the petitioner filed an appeal as provided under Clause 20 of the A.P. State Public Distribution System (Control Order) 2008, before the 1st respondent and also sought for stay of the operation of the said order. The 1st respondent by the impugned order dated 18.11.2010 while admitting the appeal, rejected the stay application on the ground that the order impugned in the appeal was interim in nature and final orders were yet to be passed by the disciplinary authority. The disciplinary authority was also directed to dispose of the case within eight weeks from the date of receipt of that order. Aggrieved by the said order this writ petition is filed. Heard learned counsel for both the parties. The learned counsel for the petitioner, Sri V.R. Reddy Kovvuri would submit that the allegations levelled against the petitioner are not true and even if the said allegations are taken on their face value, the irregularities alleged are trivial in nature and within the permissible limits. The counsel would also submit that in any event the 1st respondent has not assigned any reasons for rejecting the stay application. He would therefore submit that the impugned order is not sustainable. The learned Government Pleader would submit that since the appeal has been taken on file, the petitioner can as well put forth his defence in the appeal. I am not inclined to express any opinion on the merits of the case. It is true that against the order of the 2nd respondent dated 16.10.2010, the petitioner has availed the alternative remedy available to him by filing the appeal before the 1st respondent. The 1st respondent being the appellate authority has entertained the appeal, but has not given reasons for declining to grant stay. Be that as it may, as the allegations are required to be gone into prima facie at the appellate stage also, it is appropriate to direct disposal of the appeal itself within a time frame. In the aforesaid circumstances, the 1st respondent, viz., the Joint Collector, Y.S.R. District, Kadapa is directed to dispose of the appeal itself filed by the petitioner against the order of the 2nd respondent-Revenue Divisional Officer, Kadapa, dated 18.11.2010, in accordance with law as early as possible preferably within a period of two weeks from the date of receipt of a copy of this order. Till the disposal of the appeal no regular arrangement should be made in respect of the shop in question. The writ petition is accordingly disposed of. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 1st December, 2010 Note: Issue C.C. in 2 days. (B/o) Js.