THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.18109 OF 2009 ORDER: 1 The petitioner was appointed as fair price shop dealer of Jaggayyapeta village, Vepada Mandal, Vizianagaram District. Though he is distributing the essential commodities to the satisfaction of the card holders, the second respondent issued a show cause notice dated 09.01.2008 basing on the complaint of the third respondent. The petitioner offered his explanation on 21.01.2009. After holding an enquiry the second respondent passed order dated 29.04.2009 imposing fine of Rs.2,000/- on the petitioner towards penalty. As against the said order passed by the second respondent, the third respondent approached the first respondent and filed an appeal and the first respondent even without issuing any notice to the petitioner, allowed the said appeal straightaway and directed the Revenue Divisional Officer i.e. second respondent to conduct a fresh enquiry and pass necessary orders. The same is challenged by the petitioner on an earlier occasion by filing Writ Petition 10846 of 2009, which was allowed by this court on 03.06.2009 setting aside the orders passed by the appellate authority i.e. first respondent herein and directed him to pass orders afresh after hearing the parties. In the said order dated 03.06.2009 this court further observed that the parties shall maintain status quo obtaining as on that day. Pursuant to the disposal of the said Writ Petition, the petitioner gave a representation on 18.06.2009. However, the second respondent passed the impugned order dated 02.07.2009 directing the Tahsildar to continue the temporary dealer. The same is questioned in this Writ Petition. 2 Now that the appellate authority is ceased of the matter, it is desirable that the appellate authority hears the said appeal and passes final orders taking into consideration the material put forth by both the parties. As the petitioner is the authorised fair price shop dealer of Jaggayyapet Village it is also desirable that he may be allowed to continue as such during the pendency of the said appeal. 3 Accordingly this Writ Petition is disposed of with a direction to the first respondent to hear the parties and pass appropriate orders in the appeal at the earliest, preferably, within a period of six weeks form the date of receipt of a copy of this order. As stated supra, during the pendency of the said appeal, the petitioner shall be continued as the authorised fair price shop dealer of Jaggayyapet village. No costs. -------------- 22.12.2009 kvsn