IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 12813 of 2005 Between: Chirra Kumara Swamy, S/o.Krishna Sailu, R/o.Parvthagiri village & Mandal, Warangal, Warangal Dist. ..... PETITIONER AND 1 The Joint Collector, Warangal, Warangal District. 2 The Revenue Divisional officer, Warangal, Warangal District. 3 The Mandal Revenue officer, Parvathagiri, Wangal Dist. .....RESPONDENT(S) Petition 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 to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the order dated: 10-03-2005 in proceedings No: E/4741/2004 passed by the 2nd respondent where under the authorisation to run fair price shop No.IV granted to the petitioner was suspended and also the inaction of the 1st respondent in not passing orders either on the Appeal or on the application filed along with the appeal to stay the operation of he order dated : 10-03-2005 passed by the 2nd Respondent as illegal and arbitrary and to pass such other necessary order or orders as this Hon'ble court deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : Form-NIC-OGS/WP{JA} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO : 12813 OF 2005 O R D E R: It is the case of the petitioner that as against the order of the Revenue Divisional Officer, Warangal dated 10-03-2005 in suspending the Fair Price Shop Dealership of the petitioner at Parvathagiri village and Mandal, Warangal District, the petitioner filed an appeal before the Joint Collector, Warangal on 1-04- 2005. It is stated that as the said appeal has not been disposed of, the petitioner filed this writ petition questioning the order of the Revenue Divisional Officer dated 10-3-2005 in suspending the Fair Price Shop Dealership of the petitioner. This Court while admitting the writ petition on 16-6-2005 granted interim suspension. It is stated that in fact, show cause notice was issued to the petitioner as to why the authorisation of the of the petitioner shall not be cancelled, for which an explanation has been filed on 27-1-2005. The scope of the writ petition is only questioning the suspension order of the Revenue Divisional Officer, Warangal dated 10-3-2005 and as it is stated that the appeal said to have been filed on 1-4-2005 is pending, without expressing any opinion with regard to the merits of the case, if the appeal is still pending and not disposed of, the appellate authority is directed to consider and dispose of the appeal. However, if the authorisation of the petitioner is already cancelled, the question of considering the appeal against the suspension order does not arise. Accordingly, the writ petition is disposed of, directing the second respondent to consider and dispose of the main case pursuant to the show cause notice issued for the cancellation of the authorisation of the petitioner if no final orders are passed and if the appeal is still pending before the Joint Collector, Warangal, he is directed to consider and dispose of the appeal. Pending disposal of the appeal or cancellation of authorisation, the status-quo obtaining as on to-day shall be maintained. No order as to costs. ________________ V.ESWARAIAH,J Date:24-06-2008 Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Joint Collector, Warangal, Warangal District. 2. The Revenue Divisional Officer, Warangal, Warangal District. 3. The Mandal Revenue Officer, Parvathagiri, Warangal District. 3. 2CCs to 4. 2CD copies