Annam Brahma Reddy, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.10199 OF 2016 ORDER:

The case of the petitioner, as per affidavit averments of the petitioner, is that he was appointed as permanent Fair Price Shop dealer in respect of F.P. Shop No.37, Abbaipalem Village, Darsi Mandal, Prakasam District, about 27 years back. While so, the 3rd respondent issued show cause notice dated 22.04.2015 alleging certain irregularities, in response to which the petitioner had submitted his explanation denying the charges made against him. After completion of enquiry, 3rd respondent vide order dated 23.05.2015 cancelled the authorization of the petitioner. Challenging the same, petitioner filed an appeal before the 2nd respondent on 27.07.2015 along with stay application. Since the 2nd respondent was not taking up any steps on the appeal filed by him, the petitioner filed W.P.No.

30025 of 2015, which was disposed of by this Court vide order dated 15.09.2015 directing the 3rd respondent to dispose of the appeal within a period of 30 days therefrom. Pursuant to the same, petitioner approached the 3rd respondent by way of an additional explanation dated 31.10.2015. However, without considering the same in proper perspective, the 3rd respondent passed order dated 24.11.2015 canceling the Fair Price shop dealership authorization of the petitioner. Challenging the same, petitioner again approached this Court in W.P.No.4038 of 2016, which was later withdrawn by him subject to liberty to file statutory appeal before the 2nd respondent. Availing such liberty, the petitioner filed statutory appeal on 22.02.2016 before the 2nd respondent along with stay petition.

petition, petitioner filed the present writ petition. Learned counsel for the petitioner contended that the 2nd respondent, who is appellate authority, is not taking up the appeal filed by the petitioner or atleast the stay petition. In support of his submission, learned counsel for the petitioner relied on a judgment of this Court in Anab-E-Shahi Wines and another vs. Deputy Commissioner([1]) wherein this Court had taken a view that it would be unreasonable if stay is not granted when the appeal is pending before the lower authorities.

On the other hand, learned Government Pleader for Civil Supplies contended that the Division Bench of this Court vide judgment dated 30.10.2014 in W.A.No.1346 of 2014 had interfered with the order dated 26.09.2014 of the learned single Judge in W.P.No.29209 of 2014 granting stay while disposing of the writ petition. He also relied on judgment dated 14.05.2015 of another Division Bench in W.A.No.382 of 2015.

In above two writ appeals cited by the learned Government Pleader Anab-E-Shahi Wines case (1 supra) was not cited. Apart from that, the judgment in Writ Appeal No.1346 of 2014 is not applicable to the present set of facts for the reason that this Court had directed the appellate authority to dispose of the appeal and not stay application because the order cited, which is applicable for refusing to stay, itself is a non speaking order and no useful purpose would be served once again directing the appellate authority to make a reasoned order except to multiply the litigation.

In that view of the matter, this Court deems it appropriate to direct the appellate authority to dispose of the appeal as expeditiously as possible, since the subject matter of the appeal before the appellate authority, who is the Joint Collector, is only cancellation of a fair price shop dealership license. However, in the interregnum period to

prevent appointment of any third party as fair price shop dealer, interest of justice would be served in granting stay of the order of the lower authorities.

Accordingly, the writ petition is disposed of directing the 2nd respondent-Joint Collector to dispose of the appeal itself in a time bound manner. As the right of appeal being a statutory right and in view of the judgment of this Court in Anab-E-Shahi Wines case (1 supra) I deem it appropriate to grant stay of the order of the 3rd respondent-Revenue Divisional Officer, pending disposal of the appeal by the 2nd respondent. The 2nd respondent shall dispose of the appeal, stated to have filed on 22.02.2016 by the petitioner, within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

Miscellaneous petitions pending in the writ petition, if any, shall stand closed.

_______________________ Challa Kodanda Ram, J 29th March, 2016.

sur [1] (1995) 98 STC 386 (AP)