IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14312 of 2004 Between: N. Bala Koti Reddy, S/o. Yellamanda Reddy, F.P. Shop Dealer, Kavalakuntla Village, Pullalacheruvu Mandal, Prakasam District. ..... PETITIONER AND 1 The Joint Collector, Ongole, Prakasam District. 2 The Revenue Divisional Officer, Markapur, Prakasam District. 3 The Mandal Revenue Officer, Pullalacheruvu Mandal, Prakasam District. .....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 issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent herein in issuing proceedings dt. 8-8-2004 in Rc.CS2/2744/2004 in so far as rejecting the stay pending appeal as illegal, arbitrary and based on total non-application of mind and pass Counsel for the Petitioner: MR.V.MALLIK Counsel for the Respondent : GP FOR CIVIL SUPPLIES The Court made the following : HONOURABLE MS. JUSTICE G.ROHINI W.P.No.14312 of 2004 ORAL ORDER: The petitioner is the authorized fair price shop dealer of Kavalakuntla village, Pullalacheruvu Mandal, Prakasam district. His authorization was suspended on account of certain alleged irregularities, vide proceedings, dated 6.7.2004 of the 2nd respondent-Revenue Divisional Officer. Against the said order, he preferred an appeal before the 1st respondent-Joint Collector. This writ petition is filed aggrieved by the order of the 1st respondent, dated 8.8.2004 whereunder the 1st respondent, while entertaining the appeal preferred by the petitioner rejected the application for stay. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents. The learned counsel for the petitioner contends that all the allegations made against the petitioner in the order of suspension, dated 6.7.2004 are false and baseless. The learned counsel also points out that the order of suspension is in the nature of a final order and such an order cannot be passed without affording an opportunity to the petitioner to explain the alleged irregularities. He also contends that the 1st respondent, having entertained the Appeal erroneously, rejected the application for stay without assigning any reasons. A perusal of the impugned order of the 1st respondent shows that the said order has been passed mechanically without referring to any of the grounds raised by the petitioner in the Appeal and without assigning any reasons for rejecting the application for stay pending appeal. Having regard to the facts and circumstances of the case and in view of the fact that the order of suspension, dated 6.7.2004 which is in the nature of final order appears to have been passed without affording any opportunity to the petitioner to explain the allegations, I am of the view that a prima facie case is made out to show that the order of suspension is unsustainable and the balance of convenience is also in favour of the petitioner and it would be appropriate to continue the petitioner to distribute the essential commodities till the disposal of the statutory appeal. Accordingly, the impugned order, dated 8.8.2004 passed by the 1st respondent is set aside and the writ petition is disposed of with a direction to the 1st respondent to consider the main appeal itself pending on his file against the order of suspension, dated 6.7.2004 and to dispose of the same in accordance with law as expeditiously as possible preferably within a period of four weeks from the date of receipt of this order. It is made clear that till the appeal is disposed of, the order of suspension, dated 6.7.2004 shall not be given effect to. The Writ Petition is accordingly disposed of. No costs. ____________ 13-08-2004 bcj/ghn To 1 The Joint Collector, Ongole, Prakasam District. 2 The Revenue Divisional Officer, Markapur, Prakasam District. 3 The Mandal Revenue Officer, Pullalacheruvu Mandal, Prakasam District. 4 Two C.Cs. to the Government Pleader for Civil Supplies, High Court Buildings, Hyderabad (OUT) 5 Two C.D. copies