IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 3634 of 2008 Between: G.Ankanna S/o. G.Naganna R/o. Ambapuram Village, Bethamcherla ( M ), Kurnool District ..... PETITIONER AND 1 The Revenue Divisional Officer, Kurnool, Kurnool District. 2 The Tahsildar, Bethamcherla ( M ), Kurnool District. .....RESPONDENTS 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 writ of Mandamus declaring the action of the 2nd respondent in issuing proceeding no.Rc.C 464/07 dated 11-12-07 cancelling the authorization of the petitioner as illegal, arbitrary, without jurisdiction and also violative of rules as per G.O.Ms.No.47 Consumer Affairs, Food and Civil Supply Departments dated 06-10-2007 and consequently direct the respondent to permit the petitioner to supply the commodities to the card holders of Ambapuram village and pass such other order or orders as this Hon'ble Court deems fit in the interest of justice. Counsel for the Petitioner:MR.K.V.RAGHU VEER Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 3634 of 2008 ORDER: 1. Heard. 2. The matter is coming up for admission. Assistant Government Pleader for Civil Supplies takes notice on behalf of Respondents. 3. The writ petition is filed seeking writ of Mandamus declaring the action of the 2nd respondent in issuing proceeding No.Rc.C 464/07 dated 11-12-07 cancelling the authorization of the petitioner as illegal, arbitrary, without jurisdiction and also violative of rules as per G.O.Ms.No.47 Consumer Affairs, Food and Civil Supply Departments dated 06-10-2007 and consequently direct the respondent to permit the petitioner to supply the commodities to the card holders of Ambapuram village and pass such other suitable orders. 4. It is stated that the second respondent-Tahsildar, Bethamcherla, Kurnool District is not competent to pass stay order. Be that as it may. It is also stated that the petitioner preferred an appeal before the first respondent along with an application for stay. In the light of the same, the petitioner is permitted to raise the question of inherent lack of jurisdiction to make the order also before the appellate authority. In the light of the facts and circumstances, since the appeal is pending before the first respondent, let the first respondent dispose of the appeal within a period of four weeks, till then the impugned order is suspended. 5. The writ petition is disposed of accordingly. No order as to costs. _____________________ Justice P.S.Narayana. 21st February, 2008 KM THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 3634 of 2008 21st February, 2008.