WP/28026/2005 of Haji Osman, Vs The Commissioner of Civil Supplies, on 30 December 2005

ORDER:

Petitioner seeks a Writ of Mandamus to declare the action of the first respondent in notpassing any orders on the appeal or the stay petition filed by him on 26.12.2005 as illegaland arbitrary.

Learned counsel for the petitioner submits that the petitioner is a wholesale kerosene dealerhaving licence under the provisions of A.P. Petroleum Products (Licencing & Distribution)Order, 1980 granted in favour of M/s. Abdul Sattar Saleh Mohd. & Company. A show cause notice dated 06.10.2005 was issued to the petitioner framing certain chargeswith a direction to submit an explanation.

The petitioner submitted his explanation on 13.10.2005. However, the second respondentby impugned proceedings dated 21.12.2005 cancelled the licence of the petitioner. Thelearned counsel further submits that the petitioner preferred an appeal before theCommissioner of Civil Supplies, Civil Supplies Department, Hyderabad on 26.12.2005along with a stay petition. But the first respondent has not passed any orders on the staypetition.

Having regard to the facts and circumstances of the case, the first respondent is directed to dispose the stay petition filed by the petitioner against theorder of the second respondent dated 21.12.2005 within two weeks from the date of receiptof a copy of this order and thereafter the appeal itself may be disposed of after givingreasonable opportunity to the petitioner.

The writ petition is accordingly disposed of.

December 30, 2005

Note: Furnish C.C. of the order in three days (B/O)

DSK

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V. ESWARAIAH, J