Smt. Y. Kasi Lakshmamma v. State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.18205 OF 2016 ORDER:

Heard the learned counsel for the petitioner as well as the learned Government Pleader for Civil Supplies. The case of the petitioner, as per affidavit averments of the petitioner, is that she was appointed as Fair Price Shop dealer in respect of F.P. Shop No.5 of Malyavanthunipadu (V), Markapur (M) of Prakasam District, on compassionate grounds on 28.07.2014. While so, on 09.10.2014 the Deputy Tahasildar, Enforcement and other officials inspected the shop of the petitioner and conducted panchanama. Basing on said panchanama, a show cause notice dated 15.10.2014 was issued to the petitioner alleging various with regard to ground stocks, for which the petitioner submitted her explanation dated 24.10.2014 denying the allegations. However, without appreciating the same, suspension order dated 30.10.

2014 was passed as against which the petitioner preferred W.P.No.35073 of 2014, which was disposed of by this Court on 19.11.2014 setting aside the order dated 30.10.2014 and also directing the 3rd respondent therein to conduct the enquiry afresh. Thereafter, after conducting an enquiry, the 3rd respondent-Revenue Divisional Officer, Markapuram, issued proceedings dated 25.05.2016 canceling the authorization of the petitioner alleging that after due enquiry it was proved that the petitioner has illegally transported 400 ltrs. of kerosene without distributing the same to the cardholders. As against the same, petitioner filed an appeal before the 2nd respondent along with a stay application on 28.05.2016. Since the 2nd respondent was not passing orders either in appeal or in stay petition, petitioner filed the present writ petition.

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 fair price shop dealership authorization. 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 dated 25.05.2016 of the 3rd respondent-The Revenue Divisional Officer, Markapuram, pending disposal of appeal or stay petition whichever is earlier by the 2nd respondent. The 2nd respondent shall dispose of the appeal, stated to have filed on 28.05.2016 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.

____________________________ Justice Challa Kodanda Ram 9th June, 2016.

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