WP/27840/2005 of J. Srinivasarao, Vs The Joint Collector, on 29 December 2005

ORDER:

Heard the learned counsel for the petitioner as well as the learnedGovernment Pleader for Civil Supplies.

The petitioner has been appointed as fair price shop dealer ofVelamuripadu Village, Addanki Mandal, Prakasam District and hisauthorization has been cancelled initially and thereafter the petitionerfiled an explanation on 4.9.2004 and the appointing authority afterconsidering the explanation with regard to the charges taken alenient view by imposing Rs.500/- and restored the authorization ofthe petitioner by order dated 25.10.2005. As against the said order,respondents 4 and 5, who are cardholders of the said village, filed anappeal before the Joint Collector, Ongole and the appellate authoritywhile admitting the appeal granted stay of the order of the RevenueDivisional Officer by order dated 14.12.2005. Questioning the saidaction of the first respondent, this writ petition has been filed.

When an appeal has been filed under Clause 6 of annexe to theA.P.State Public Distribution Control Order, 2001 within 30 days fromthe date of the order of the appointing authority, the Joint Collector isentitled to entertain the appeal and pass appropriate final orders aftergiving reasonable opportunity to the aggrieved party. I do not find anypower to grant interim stay without giving an opportunity to theaffected party.

In view of the aforesaid facts and circumstances of the case, theorder of the Joint Collector dated 14.12.2005 granting stay of theorder of the Revenue Divisional Officer dated 25.10.2005, is setaside. The first respondent is directed to dispose of the appeal aftergiving reasonable opportunity to the petitioner as well as respondents4 and 5 in accordance with law. Till then, the petitioner shall bepermitted to distribute essential commodities to the cardholdersattached to his fair price shop.

The writ petition is accordingly disposed of. No costs.

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(V.ESWARAIAH, J.)29.12.2005

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