THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.33428 of 2014 Dated: 07.11.2014 Between:
E. Uthappa .. Petitioner and Government of Andhra Pradesh, Rep. by its Principal Secretary, Department of Civil Supplies, and others.
.. Respondents Counsel for the petitioner: Ms. M. Hemalatha Counsel for the respondents: AGP for Civil Supplies (AP) The court made the following:
ORDER:
This writ petition is filed for a Mandamus to set aside order dated 22.10.2014 of respondent No.2, whereby he has declined to stay the operation of proceedings in R.Dis.288/2013/D dated 20.08.2014 of respondent No.3 cancelling the petitioner’s fair price shop authorization.
A perusal of the impugned order shows that while rejecting the petitioner’s application for stay, respondent No.2 has posted the appeal to 25.10.2014.
At the hearing, it has come out that on 25.10.2014, respondent No.2 has adjourned the appeal to a future date and that the same has not been disposed of as yet.
Considering the fact that the appeal before respondent No.2 is pending, I am not inclined to interfere with the discretion exercised by him in rejecting the stay application. However, respondent No.2 is directed to dispose of the appeal, after giving an opportunity of personal hearing to the petitioner, within one month from the date of receipt of this order.
Subject to the above direction, the writ petition is dismissed.
As a sequel to the dismissal of the writ petition, W.P.M.P.No.41788 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 7th November, 2014 IBL