THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.26139 of 2010 Dated:22.10.2010 Between: Desu Veeraiah Sons ….Petitioner And Government of Andhra Pradesh, Agriculture and Cooperation Department, Rep.by its Secretary, Secretariat, Hyderabad, And others. …Respondents THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.26139 of 2010 ORDER: The petitioner filed the instant writ petition challenging the proceedings bearing No.Fert.II(2)1332/2010, dated 11.10.2010, initiated by the third respondent, whereby and whereunder the authorization of the petitioner was cancelled for contravention of the terms and conditions of the Authorization letter of Fertilizer (Control) Order, 1985. Heard the learned Counsel for the petitioner and the learned Government Pleader for Agriculture. Learned Counsel for the petitioner has made submissions contending that the impugned order is illegal and contrary to the principles of natural justice. It is his contention that the respondents failed to see that the allegations which were leveled against the petitioner are said to be in violation of the provisions of the Fertilizer (Control) Order, 1985, and for the self same charges, criminal prosecution and 6-A proceedings before the Collector (Civil Supplies), Ongole, were also initiated. It is their grievance that before such allegations are enquired into, the impugned order was passed which amounts to double jeopardy and detrimental to the interests of the petitioner. Learned Government Pleader submits that the petitioner has already filed an appeal before the Commissioner and Director of Agriculture, the appellate authority, questioning the impugned order, and the same is pending. It is further stated that along with the appeal the petitioner also filed an application seeking suspension of the impugned order. Since the petitioner has already preferred an appeal against the impugned order, and further considering the fact that 6-A proceedings are also pending, I deem it appropriate to dispose of the writ petition directing the appellate authority to dispose of the appeal itself filed by the petitioner on 18.10.2010. Till such time the respondents are directed not to enforce the impugned order. There shall be no order as to costs. _____________________ (N.V.RAMANA, J) 22.10.2010 Note: Issue operative portion of the order by wire at party’s costs. B/o. vs