IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27970 of 2009 Between: Jadhav Maruhi Rao ..... PETITIONER(S) AND The Joint Collector, Adilabad and others. .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27970 of 2009 ORDER : The petitioner was the authorized fair price shop dealer of Kallur village, Kuntala Mandal, Adilabad District. On the basis of a report of the 3rd respondent-Tahsildar, Kallur Mandal, Adilabad District, a show cause notice was issued to the petitioner by the 2nd respondent-Revenue Divisional Officer, Nirmal, Adilabad District, on 01-09-2009 and thereafter, after completion of the enquiry, he cancelled the authorization of the petitioner, by his proceedings dated 24-09-2009. As against the said order of cancellation, the petitioner approached the appellate authority i.e. 1st respondent-Joint Collector, Adilabad and filed an appeal. On 24-10-2009, the 1st respondent has taken the appeal on file and the same is numbered as CS6/993/2009. Be that as it may, while the appeal is pending consideration, the 2nd respondent issued a notification dated 04-12-2009, calling for applications from the eligible candidates to fill up the vacancy of the fair price shop of Kallur village, on permanent basis. As against the issuance of notification dated 04-12-2009 and questioning the order of cancellation passed by the 2nd respondent, the petitioner approached this Court and filed the present writ petition. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. 3. Since the petitioner’s appeal is pending consideration before the 1st respondent, in my considered view, so long as the appeal is pending consideration, the vacancy of the fair price shop of Kallur village cannot be filled up on permanent basis. If ultimately, the appeal is allowed by the 1st respondent restoring the authorization of the petitioner, and somebody is appointed as a permanent fair price shop dealer on the basis of the notification, dated 04-12-2009, it leads to unnecessary complications. 4. Accordingly, the writ petition is disposed of at the stage of admission and the 1st respondent-Joint Collector, Adilabad District, is directed to dispose of the appeal filed by the petitioner, at the earliest, preferably, within a period of eight weeks from the date of receipt of a copy of this order. Till such time, no permanent fair price shop dealer shall be appointed to Kallur village, Kuntala Mandal, Adilabad District, pursuant to the Notification dated 04-12-2009. There shall be no order as to costs. ___________________ December 22, 2009 kvr