IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.14113 of 2009 Between: B.Venkata Rangareddy S/o.Mastan Reddy R/o.Door No.84/84, Gajukuntapalli Village, Inagalur Post, O.D. Cheruvu Mandal, Anantapur District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, represented by its Joint Collector and Additional District Magistrate, Anantapur, Anantapur District. 2 The Government of Andhra Pradesh, represented by its Revenue Divisional Officer, Penukonda, Anantapur District. 3 S.Bayapa Reddy S/o.Narayana Reddy R/o.Gajukuntapalli Village, Inagalur Post, O.D. Cheruvu Mandal, Anantapur District. .....RESPONDENTS Counsel for the Petitioner:MR.SRINIVAS BASAVA Counsel for Respondent Nos.1 & 2:AGP FOR CIVIL SUPPLIES The Court made the following : ORDER: In this writ petition, the petitioner questioned order, dated 17.09.2008 passed by the Joint Collector, Anantapur staying the operation of order, dated 30.08.2008 of the Revenue Divisional Officer, Penukonda, whereby he restored the petitioner’s authorization. Respondent No.3, who is a temporary fair price shop dealer, filed an appeal before the Joint Collector, Anantapur, who entertained the same and vide his order, dated 17.09.2008 granted stay of operation of order of the Revenue Divisional Officer, Penukonda, pending appeal. The petitioner filed this writ petition nearly ten months after passing of the said order. At the hearing, Sri Srinivas Basava, learned counsel for the petitioner submitted that respondent No.3, who was only a temporary dealer, had no locus to file appeal and at any rate, the Joint Collector, Anantapur ought not to have granted ex parte stay without hearing the petitioner, who filed his caveat. In my considered view, having allowed the interim order passed by the Joint Collector to remain in force for nearly ten months, there was no reason for the petitioner to rush to this Court by way of this writ petition instead of moving the Joint Collector for vacating the order of stay by raising all legally permissible grounds. In this view of the matter, the writ petition is disposed of with liberty to the petitioner to approach the Joint Collector, Anantapur with an application for vacating interim order, dated 17.09.2008. On filing such application, the Joint Collector is directed to dispose of the same within a period of four (4) weeks thereafter, after giving notice to the petitioner and respondent No.3. As a sequel to disposal of main petition, WPMP.No.18481 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 23rd JULY, 2009. kvni