IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO:11350 OF 2008 DATED:9.10.2010 Between: K.Penchalaiah .....PETITIONER AND The District Collector, Nellore & others. .....RESPONDENTs This Court made the following : THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO:11350 OF 2008 ORDER: This writ petition has been filed to declare the notification Rc.B.1234/2008, dated 1.5.2008 issued by the 2nd respondent herein viz., the Revenue Divisional Officer, Kavali, Nellore District as illegal in so far as the notification relates to the appointment of dealer in respect of the Fair price shop located at Yepilagunta village, Marripadu Mandal, Nellore District pending the revision in Rc.132/2007 filed by the petitioner before the 1st respondent herein viz., the District Collector, Nellore. The petitioner was appointed as a regular Fair price shop dealer in respect of the shop at Yepilagunta village, Marripadu Mandal, Nellore District. On 20.3.2005, the Tahsildar, Marripadu Mandal along with Panchayat Secretary inspected the shop and noticed certain irregularities in the distribution of essential commodities to the card-holders. On the report submitted by him, the 2nd respondent herein viz., Revenue Divisional Officer, Kavali by orders dated 13.4.2005 suspended the authorization pending enquiry. Aggrieved by the said order, the petitioner preferred an appeal before the Joint Collector and the same was dismissed by order dated 30.11.2005 with a direction to the Revenue Divisional Officer to dispose of the regular enquiry within a period of six (6) Weeks. In pursuance of the same, enquiry was conducted and by orders dated 6.3.2006, the Revenue Divisional Officer cancelled the authorization. The petitioner preferred an appeal against the said order before the Joint Collector, Nellore and the appeal was also dismissed by order dated 3.2.2007. The petitioner has filed a revision in Rc.E.No:132/2007 before the District Collector, Nellore and the same is pending. During the pendency of the revision petition, the 2nd respondent issued a notification in Rc.B.1234/2005, dated 1.5.2008 calling for the applications for appointment of a regular dealer in respect of the same shop apparently on the ground that there is a vacancy in view of the cancellation of the licence of the petitioner. Since cancellation of the authorization has not become final and since the appointment, if any made on permanent basis, would affect the petitioner, this writ petition has been filed to interdict the appointment of a dealer on permanent basis. There is no dispute that the revision petition filed by the petitioner against the orders passed by the Joint Collector in Rc.E181/2006, dated 3.2.2007 is still pending and the cancellation of the authorization has not become final. If any appointment is made to the same shop and in the event of revision petition being allowed, the licence of the petitioner has to be restored and in that case, there would be no vacancy to be filled up by any other person. This Court while admitting the writ petition by order in W.P.M.P.No:14714 of 2008, dated 28.5.2008 directed that any appointment that might be made should be treated as temporary during the pendency of the revision. The learned G.P for Civil Supplied has brought to the notice of this Court that in accordance with the interim directions, authorization has been granted in favour of one Bhommana Prasanna w/o Srinivasulu subject to the finalisation of the revision petition. In the circumstances, I am of the opinion that it is just and proper to direct the 1st respondent to dispose of the said revision petition in order to obviate the hardship to the petitioner. The 1st respondent is accordingly directed to dispose of the revision petition in Rc.E.132/2007 filed by the petitioner within a period of eight (8) Weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No order as to costs. In the event the revision petition being dismissed against the petitioner, he is at liberty to challenge the same along with the notification in Rc.B.1234/2005, dated 1.5.2008 issued by the 2nd respondent. _______________ Justice Noushad Ali Date:9.11.2010. gurc. THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO:11350 OF 2008 DATED:9.11.2010