IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.14182 of 2009 Between: Sri Enagandula Yadaiah, s/o. Balaiah, Rampur Village, Nangnoor Mandal, Medak District. ..... PETITIONER AND 1 The Joint Collector (CS), Medak District at Sangareddy, Medak District. 2 The Revenue Divisional Officer, Siddipet Division at Siddipet, Medak District. 3 The Tahsildar, Nangnoor Mandal, Medak District. .....RESPONDENTS Counsel for the Petitioner: MR.BOLLAM LINGAIAH YADAV Counsel for the Respondents: AGP FOR CIVIL SUPPLIES The Court made the following : ORDER: This Writ Petition is filed for a Mandamus to set aside Order, dated 08-07-2009, passed by respondent No.2, and direct respondent Nos.2 and 3 to release the seized rice of 49 Kgs being sold as per G.O.Ms.No.12, dated 27-02- 2009. Heard Sri Bollam Lingayya Yadav, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Civil Supplies. The petitioner is an authorised Fair Price Shop Dealer of Rampur Village, Nangnoor Mandal, Medak District. On an inspection of the petitioner’s shop, it was allegedly found that the petitioner was selling Mirchi powder packet, Wheat Packet, Garlic Ginger Paste packet, Soaps, Match Box, Surf packet and Turmeric Packet etc., along with PDS commodities. It was also, allegedly, found that the petitioner was selling PDS commodities only on 3 or 4 days in a month and using filthy language against women card holders apart from not remitting the D.Ds of Sugar, Palmoil and Redgram for the month of July, 2009. On the basis of the report submitted by respondent No.3, respondent No.2 placed the petitioner’s authorization under suspension, pending enquiry. The said Order was questioned by the petitioner in appeal, filed before respondent No.1. The petitioner averred that the said appeal along with the stay application is pending. At the hearing, the learned Counsel for the petitioner submitted that the petitioner has not committed any illegality in selling the above mentioned items along with PDS items in view of G.O.Ms.No.12, dated 27-02-2009. Inasmuch as the appeal filed by the petitioner is pending before respondent No.1, it is not necessary for this Court to decide the Writ Petition on merits. Having filed the appeal, the petitioner should pursue the same in the first instance and avail his further remedies in the event of an adverse order being passed therein by respondent No.1. In this view of the matter, the Writ Petition is disposed of with the direction to respondent No.1 to dispose of the appeal, filed by the petitioner, within a period of four weeks from the date of receipt of a copy of this order. As a sequel to disposal of the Writ Petition, WPMP.No.18579 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 16th July, 2009 lur