IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.14387 of 2008 Between: Smt. A. Nagalakshmi, W/o. Balaiah, Shop No. 17, Dachepally (Village & Mandal), Guntur District. ..... PETITIONER AND 1 The Joint Collector, Guntur, Guntur District. 2 The Revenue Divisional Officer, Narsaraopet, Guntur District. 3 The Tahsildar, Dachepally (Village & Mandal), Guntur District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the order of the 2nd respondent herein appeal case No. 9/2008 (S 7) dated 11-4-2008 filed by the petitioner pending without finalization before the 1st respondent and proceedings of the 2nd respondent Rc.No. 747/2008-B dated 01-4-2008 suspending the license of the petitioner as illegal, void, arbitrary, unjust, and consequently directly 1 to 3 respondents to continue the petitioner as Fair Price Shop No. 17 Dealer of Dachepally Village, Dachepally Mandal, Guntur District pending disposal of the appeal of the petitioner before the 1st respondent. Counsel for the Petitioner:MR.K.G.RAVIKANTH Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.14387 of 2008 ORDER: It is the case of the petitioner that she is a fair price shop dealer of Shop No.17 of Dachepally Village and Mandal, Guntur District, and she has been supplying essential commodities to the card holders without any complaint whatsoever. While so, the 2nd respondent, through order, dated 01- 04-2008, suspended the authorization of the petitioner alleging that certain card holders said to have made complaint stating that the petitioner has been selling rice by collecting 25 paisa more, sugar by collecting 50 paisa more, wheat by collecting 1 rupee more and kerosene by collecting 25 paisa more. It is stated that the 2nd respondent, without conducting any enquiry, without furnishing the so-called reports said to have been submitted by the 3rd respondent, dated 25-03-2008 and 31-03-2008, and without furnishing the names of the so-called card holders, who are said to have made complaint about sale of essential commodities for more price, suspended the authorization of the petitioner through order, dated 01-04- 2008. Aggrieved by the said order, the petitioner filed an appeal along with stay application before the 1st respondent on 11-04-2008, but, so far, neither stay application nor appeal has been disposed of. As the appeal is pending before the 1st respondent, without expressing any opinion on the merits of the case, I am of the opinion that it is just and proper to direct the 1st respondent to consider and dispose of the appeal itself. Accordingly, the writ petition is disposed of directing the 1st respondent to consider and dispose of the appeal, after giving reasonable opportunity to the petitioner, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. Pending disposal of the appeal, status-quo obtaining as on today shall be maintained. There shall be no order as to costs. ___________ 07-07-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}