THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.27909 OF 2008 BETWEEN: N. Adinarayana S/o. Peddapullanna, F.P. Shop Dealer, Shop No.35, Sangala Village, Bathalapalli Mandal, Ananthapur District. …. PETITIONER And 1. The Joint Collector, Ananthapur, and others. …. RESPONDENTS Counsel for petitioners: Sri N. Ranga Reddy Counsel for respondents: G.P. for Civil Supplies The Court made the following order: ORDER: 1. The petitioner is a Fair Price Shop dealer in respect of Shop No.35 of Sangala Village, Bathalapalli Mandal, Ananthapur District. On 16.08.2008, the Tahsildar, Bathalapalli along with the Vigilance and Enforcement Officer and the Deputy Tahsildar, Bathalapalli, inspected the said Fair Price Shop. In the said inspection it was found that there was shortage of some essential commodities. Based on the report to the said effect, it is stated that a case has been registered under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) and the licence of the Fair Price Shop was also suspended by order of the Tahsildar Bathalapalli in proceedings Rc.No.B/162/2008 dated 16.08.2008. The petitioner filed an appeal against the said order before the Revenue Divisional Officer, Dharmavaram, 2nd respondent herein, who rejected to stay the operation of the said order. The petitioner approached this Court and this Court by order dated 4.09.2008 in W.P.No.19168 of 2008 directed the Revenue Divisional Officer, Dharmavaram, to dispose of the matter within a period of two weeks. The Revenue Divisional Officer, Dharmavaram thereafter passed orders in proceedings Rc.No.1681/06/F, dated 16.11.2008 cancelling the licence of the petitioner. 2. Admittedly, against the said order of cancellation, the petitioner has filed an appeal before the Joint Collector, Ananthapur, 1st respondent herein, and the same has been taken on file in Rc.No.K6/DMV/2032/2008. The 1st respondent herein though has taken the appeal on file, declined to grant stay and accordingly passed order dated 18.12.2008. The petitioner has filed this writ petition assailing the order dated 16.11.2008 passed by the 2nd respondent herein in canceling the licence and the order of the 1st respondent dated 18.12.2008 rejecting the stay application. 3. In as much as, the licence has been suspended pending enquiry, which ultimately culminated in cancellation of licence by virtue of the order of the 2nd respondent dated 16.11.2008, rejection of stay by the 1st respondent vide order dated 18.12.2008 cannot be said to be improper. Since the order of cancellation dated 16.11.2008 has already been assailed in the statutory appeal filed before the 1st respondent herein, it is not proper to consider the validity of the said order in this writ petition. 4. In the facts and circumstances of the case, I am of the view that no relief can be granted to the petitioner in this writ petition. However, the 1st respondent is directed to dispose of the appeal Rc.No.K6/DMV/2032/2008, dated 18.12.2008 as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. 5. While admitting the writ petition this Court by order dated 22.12.2008 in W.P.M.P.No.36580 of 2008, directed the respondents not to make any permanent arrangements with regard to the dealership of shop No.35, Sangala village Bathalapalli Mandal, Ananthapur District. The said direction shall be in operation till the disposal of the appeal. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 2nd November, 2010 Js.