IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14071 of 2004 Between: Kothuri Subba ao, S/o Venkateswarlu, Hindu, Shops No.1, Ramakur Village, J. Panguluru Mandal, Prakasam District. ..... PETITIONER AND 1 The Joint Collector, Prakasam District, Ongole. 2 The Revenue Divisional Officer, Ongole, Prakasam District. 3 The Mandal Revenue Officer, J. Panguluru, Prakasam District. .....RESPONDENTS 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ, declaring the orders of the Joint Collector, Prakasam in RC,CS 2/2650/2004 dated 3-8-2004 as illegal, void, arbitrary and unjust and consequentially to direct the respondents herein that the petitioner be entitled to act as F.P. Shop Dealer of Ramakur Village, J. Pangulur Mandal, Prakasam District pending disposal of the appeal of the petitioner before the Joint Collector, Ongole, Prakasam District ie., 1st respondent herein Counsel for the Petitioner: MR.I.GOPAL REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HONOURABLE MS.JUSTICE G.ROHINI WRIT PETITION NO.14071 OF 2004 ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for respondents. The petitioner is the authorized dealer in respect of the fair price shop of Ramakur village, Pangulur Mandal of Prakasham District. His authorization was suspended pending enquiry vide proceedings dated 21.7.2004 of the Revenue Divisional Officer, second respondent herein. Aggrieved by the same, the petitioner preferred an appeal before the first respondent-Joint Collector, Prakasham District. The first respondent having entertained the appeal by an order dated 03.8.2004 rejected the application filed by the petitioner for stay of the operation of order of suspension dated 21.7.2004. Aggrieved by the same, this writ petition is filed. The learned Counsel for the petitioner contends that all the allegations made against the petitioner in the show-cause notice are false and baseless and at any rate they are trivial in nature and therefore, the first respondent is not justified in rejecting the application for stay pending Appeal. A perusal of the impugned order of the first respondent shows that the said order has been passed mechanically without reference to anyone of the contentions raised by the petitioner and without assigning any reasons for rejecting the stay pending Appeal. Having regard to the facts and circumstances of the case and since the statutory appeal is pending before the Joint Collector and particularly in view of the fact that the enquiry into alleged irregularities is still continuing, I am of the view that the balance of convenience is in favour of the petitioner and it would be appropriate to allow the petitioner to distribute the commodities till disposal of the appeal. Accordingly the impugned order dated 03.8.2004 is hereby set aside and the writ petition is disposed of with a direction to the first respondent to dispose of the appeal filed against the order of the second respondent dated 21.7.2004, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this Order. Till disposal of the appeal, the order of suspension dated 21.7.2004, passed by the second respondent shall not be given effect to. The writ petition is accordingly disposed of. No costs. 10.8.2004. mdaa. Copy to: 1 The Joint Collector, Prakasam District, Ongole. 2 The Revenue Divisional Officer, Ongole, Prakasam District. 3 The Mandal Revenue Officer, J. Panguluru, Prakasam District. 4. Two C.Cs. to G.P.for Civil Supplies, High Court of A.P., Hyderabad(OUT). 5. Two C.D.Copies.