THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16513 of 2009 DATE:12.08.2009 Between: Kommireddy Satyanarayana ... Petitioner and The Collector (CS), E.G.Dt., at Kakinada and two others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16513 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the order passed by the 2nd respondent, vide Ref.C.No.564/2009, dated 30.06.2009, placing his authorisation in respect of fair price No.7 of Lingamparthi village, Yeleswaram Mandal, East Godavari District, under suspension, as illegal and arbitrary. 2. Facts, in brief, are that the petitioner was appointed as a fair price shop dealer in respect of shop No.7 of Lingamparthi village, Yeleswaram Mandal, East Godavari District, as early as in the year 1989, by the Revenue Divisional Officer, Peddapuram, East Godavari District - 2nd respondent. On 14.11.2008 the Task Force Team has inpsected the fair price shop of the petitioner, found variations in the stocks of essential commodities, and to that effect, sent a report, dated 14.11.2008, to the 2nd respondent. Pursuant thereto, the 2nd respondent issued a show cause notice to the petitioner, vide Ref.C.564/2009, dated 06.06.2009, to explain as to why his authorisation should not be cancelled, within three days from the date of receipt of the said notice. In response to the show cause notice, the petitioner has given a written explanation on 14.06.2009. As the explanation of the petitioner is not convincing, the 2nd respondent has suspended the authorisation of the petitioner, by proceedings in Ref.C.564/2009, dated 30.06.2009, and also directed the Tahsildar, Yeleswaram Mandal - 3rd respondent to make necessary alternative arrangements for supply of essential commodities to the cardholders of Lingamparthi village. The said order is under challenge in this writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has submitted that without considering the explanation of the petitioner dated 14.06.2009 and though none of the charges are proved, the 2nd respondent passed the impugned order dated 30.06.2009 placing the authorisation of the petitioner under suspension. 5. Apparently, as against the order of the 2nd respondent, an appeal lies before the Collector (Civil Supplies), East Godavari at Kakinada - 1st respondent. But, without exhausting such remedy of appeal, the petitioner approached this Court and filed the present writ petition. Hence, this Court is of the view that this writ petition can be disposed of, with a direction to the petitioner to file an appeal before the 1st respondent. 6. Accordingly, this writ petition is disposed of directing the petitioner to file an appeal before the 1st respondent, within a period of ten (10) days from today, and on presentation of such an appeal, the 1st respondent shall dispose of the same, within a further period of ten (10) days. If the 1st respondent cannot dispose of the appeal within the stipulated time, the authorisation of the petitioner shall be restored, and the petitioner shall be permitted to supply the essential commodities to the cardholders, pending consideration of the appeal. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 12th August, 2009 NOTE: Furnish CC by 17.08.2009. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16513 of 2009 (Disposed of ) 12th August, 2009 NOTE: Furnish CC by 17.08.2009. (b/o) CBS