( 1 ) THE petitioner assails the order of the first respondent dated 26-4-1997 whereby and whereunder the first respondent set aside the order passed by the second respondent on 12-6-1995 and issued a direction to the third respondent to issue a fresh notification to fill up the vacancy of fair price shop dealer of Shop No. 24 of Vijayawada.

( 2 ) THE facts are not in dispute. The petitioner was appointed as fair price shop dealer of Shop No. 24 of Vijayawada in 1996. The third respondent after conducting enquiry issued proceedings on 12-5-1994 cancelling the authorization. Feeling aggrieved by the same, the petitioner filed an appeal under Clause 17 of the A. P. Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973 (hereafter called the Control Order ). The same was allowed by an order dated 12-6-1995 by the second respondent, who imposed a fine of Rs. 2,000/- and directed the third respondent to restore the authorization of the petitioner. The petitioner paid the fine amount of Rs. 2,000/- on 24-6-1995 and as his authorization was not restored, he preferred a writ petition being W. P. No. 15628 of 1995 seeking a direction to the third res