lTHE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA l lWRIT PETITION No.23496 of 2009 DATE:02.11.2009 Between: Smt. Malini ... Petitioner and The Joint Collector, Anantapur, Anantapur District and others ... Respondents l l l lTHE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA l lWRIT PETITION No.23496 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the 1st respondent in not passing orders in the stay petition filed along with the appeal, and consequently, to direct the respondents to continue her as fair price shop dealer of Appecharla village, Peddavaduguru Mandal, Anantapur District. 2. The case of the petitioner, in brief, is that she was appointed as a dealer in respect of fair price shop of Appecherla vilage, Peddavaduguru Mandal, Anantapur District in the year 1999, and since then she has been distributing the essential commodities to the cardholders, without any complaint. While so, the 3rd respondent suspended her authorisation by proceedings Rc.No.164/2009/B, dated 15.09.2009 without giving opportunity to submit explanation. Questioning the same, she filed W.P.No.20107 of 2009 before this Court and this Court disposed of the same directing the respondents to complete the enquiry within six weeks. Pursuant thereto, the 2nd respondent cancelled her authrisation by proceedings D.Dis.No.D1.CS/1636/2009 dated 06.10.2009 without conducting any independent enquiry. Challenging the same, she filed W.P.No.21963 of 2009 and this Court disposed of the writ petition directing her to file an appeal before the 1st respondent. This Court further directed that till disposal of the appeal, the order dated 06.10.2009 shall not be given effect to. Accordingly, she filed an appeal before the 1st respondent along with a petition seeking stay of operation of the proceedings of the 2nd respondent. But however, the 1st respondent has not passed any order either on the stay petition or in the appeal so far. Being aggrieved by the same, she filed the present writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Civil Supplies. 4. Apparently, the appeal was filed on 23.10.2009. When once the petitioner approached the 1st respondent and filed an appeal and also a petition seeking stay of operation of the orders of the 2nd respondent, the 1st respondent should have passed an order on the stay petition. As the 1st respondent has not yet passed any orders either on the stay petition or in the appeal and in view of the facts and circumstances of the case, this Court is of the view that the order of the 2nd respondent dated 06.10.2009 cancelling the authorisation of the petitioner, shall not be given effect to, till the appeal is disposed of either way. 5. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _________________________ lGOPALA KRISHNA TAMADA, J 2nd November, 2009 lcbs THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA · · · · · · · · · · · · · · ·WRIT PETITION No.23496 of 2009 ·(Disposed of) 2nd November, 2009 lCBS l