THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 10974 OF 2010 Dated: 24-06-2010 Between:
P. Lakshmi Naveen Gupta ... PETITIONER AND The Joint Collector, Kurnool, Kurnool District and two others ... RESPONDENTS THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 10974 OF 2010 ORDER:
In this writ petition, the petitioner has questioned the validity of the order dated 26-03-2010 passed by the Revenue Divisional Officer, Adoni, the 2nd respondent herein in proceedings Rc.M.1137/2005.
The petitioner is an authorised fair price shop dealer of Gaddirala Village, Devarakonda Mandal, Kurnool for distribution of essential commodities. The 2nd respondent has passed the impugned order cancelling his authorisation only on the ground that he is not residing in Gaddirala Village, but residing at Devarakonda. It is the case of the petitioner that as per the guidelines issued under the Andhra Pradesh State Public Distribution System Control Order 2001, a dealer need not be a resident of the same village and it is sufficient if he is the resident of the same Gram Panchayat. It is stated in the affidavit filed in support of the writ petition and also during the course of arguments that as against the impugned order, the petitioner has already filed an appeal before the Joint Collector, Kurnool, the 1st respondent herein on 05-04-2010 and the same is pending consideration.
In the counter affidavit filed on behalf of the Government, while denying various allegations made by the petitioner, it is stated that Gaddirala Village is in a different Gram Panchayat but not in Devarakonda. It is submitted by the learned counsel for the petitioner that the respondents have not given any particulars with regard to the Gram Panchayat under which Devarakonda falls. Though such a contention is raised, but undisputedly the petitioner has questioned the impugned order by way of filing an appeal before the Joint Collector.
As the petitioner has preferred an appeal against the impugned order, it is not desirable to record any finding on the allegations levelled against him. In view of the limited factual dispute which arises for consideration, I deem it appropriate to dispose of the writ petition directing the appellate authority i.e., the Joint Collector, Kurnool to dispose of the appeal preferred by the petitioner on 05-04- 2010 as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. If the appeal is not disposed of within the above stipulated time, the impugned order shall remain suspended till the disposal of the appeal. It is needless to mention that the Joint Collector shall intimate the petitioner about the date of hearing of the appeal.
The writ petition is accordingly disposed of. No order as to costs.
R. SUBHASH REDDY, J 24-06-2010 ks Note: Furnish copy in two days.
B/O ks