HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40207 of 2014 Date:29.12.2014 Between:
Ragineni Venkateswarlu, S/o Chandraiah . Petitioner And:
The Joint Collector, SPSR Nellore District and two others.
. Respondents Counsel for the Petitioner: Sri P.Vishnuvardhan Reddy Counsel for the Respondents: AGP for Civil Supplies (AP) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the inaction of respondent No.1, in passing appropriate order on the stay application filed by the petitioner in the appeal filed against order in proceedings No.Rc.C/2008/2014, dated 12.12.2014, of respondent No.3, as illegal and arbitrary.
The petitioner’s fair price shop authorization has been cancelled by respondent No.3 on the only allegation that he was not residing in the Village as, he was in private employment elsewhere and that he is allowing his father to run the fair price shop. Though the petitioner has strongly refuted the said allegation, respondent No.3 has, nevertheless, cancelled his fair price shop authorization.
Inasmuch as the appeal filed by the petitioner is pending before respondent No.1, it is not appropriate for this Court to render conclusive findings on the legality or otherwise of the order of respondent No.3. When an appeal is filed before respondent No.1, he is expected to act with diligence by passing appropriate order on the stay application. As he has failed to do so, the petitioner is forced to approach this Court, pending the appeal before respondent No.1. However, considering the fact that the cancellation of the petitioner’s fair price shop authorization was made only on the ground that he was not residing in the Village and the further fact that as per the reports of the Revenue Inspector-II and the Village Revenue Officer, Chedimala, no irregularities are being committed by the petitioner in the running of the fair price shop, it would be in the interests of justice that the order of respondent No.3 cancelling the petitioner’s fair price shop authorization is suspended till disposal of the appeal by respondent No.1.
The Writ Petition is, accordingly, disposed of by suspending the proceedings No.Rc.C/2008/2014, dated 12.12.2014, of respondent No.3, pending disposal of the appeal by respondent No.1.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.50417 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
29th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY