IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION Nos: 14010,14016,14027,14039,14052,14075 and 14077 of 2008 WRIT PETITION NO : 14010 of 2008 Between: P.Chandersekhar Rao, S/o. Ramaiah, R/o. Kovvur Village, Kovur Mandal, Nellore District. ..... PETITIONER AND 1 The District Collector, Nellore District at Nellore. 2 The Joint Collector, Nellore District at Nellore. 3 The Joint Collector, Nellore District at Nellore. 4 The Revenue Divisional Officer, Kavali Division, Kavali, Nellore District. 5 The Tahsildar, Kovur Mandal, kovur, Nellore District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ , order or direction more in the nature of Mandamus or any other appropriate writ declaring the impugned proceedings in Rc.No.B4904/2007 dt. 27-01-2008 of the 4th Respondent in cancelling the authorization of the petitioner as a Fair Price Shop Dealer to run the Fair Shop No.18 of Kovur Town, Nellore District and confirming the said cancellation order vide proceedings in Rc.E.108/2008 dt. 31.05.2008 of the 3rd Respondent as illegal, arbitrary, contrary to the Principles of natural justice and consequently to set aside the same with a direction to the Respondents to continue the petitioner as Fair Price Shop Dealer of No.18 of kovur Town, Nellore District and to pass such other orders. Counsel for the Petitioner:MR.K.ANANDA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES WRIT PETITION No. 14016 of 2008 Between: Smt.R.Padmavathi W/o.Dayakar Reddy R/o.Padugupadu village Kovur Mandal,Nellore District ..... PETITIONER AND 1 The Govt of AP., Consumer Affairs Food &Civil Supplies (CS.1) Dept., rep.by its Secretary, Secretariat Buildings AP, Hyderabad. 2 The District Collector, Nellore District,at Nellore. 3 The Joint Collector,Nellore District at Nellore. 4 The REvenue Divisional Officer, Kavali Division Kavali,Nellore District. 5 The Tahsildar,Kovur Mandal,Kovur, Nellore District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more in the nature of mandamus or any other appropriate writ declaring the impugned proceedings in Rc.No.B4923/2007 dated 27.1.2008 of the 4th respondent in cancelling the authorization of the petitioner as a fair price shop Dealer to run the Fair price shop No.19 of Padugupadu village, Kovur Mandal, Nellore District as confirmed the said cancellation order vide proceedings in Rc.E./112/2008 dated 31.5.2008 of the 3rd respondent as illegal, arbitrary, contrary to the principles of natural justice and consequentially to set aside the same with a direction to the respondents to continue the petitioner as Fair price shop Dealer of No.19 of Padugupadu village,Kovur Mandal,Nellore District and to pass such other orders. Counsel for the Petitioner:MR.K.ANANDA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES WRIT PETITION No. 14027 of 2008 Between: D.Parandhamaiah S/o.Seshachalam R/o.Kovur (V&M), Nellore District. ..... PETITIONER AND 1 The Government of A.P. Consumer Affairs, Food & Civil Supplies (CS.1) Dept., Rep. by its Secretary, Secretariat Buildings, A.P., Hyderabad. 2 The District Collector, Nellore District at Nellore. 3 The Joint Collector, Nellore District at Nellore. 4 The Revenue Divisional Officer, Kavali Division, Kavali, Nellore District. 5 The Tahsildar, Kovur Mandal, Kovur, Nellore District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more in the nature of Mandamus or any other appropriate writ declaring the impugned proceedings in Rc.No.B4910/2007 dt. 25.01.2008 of the 4th Respondent in cancelling the authorization of the petitioner as a Fair Price Shop Dealer to run the Fair Shop No.4 of Kovur Town, Nellore District as confirmed the said cancellation order vide proceedings in Rc.E.110/2008 dt. 31.5.2008 of the 3rd respondent as illegal, arbitrary, contrary to the principles of natural justice and consequentially to set aside the same with a direction to the Respondents to continue the petitioner as Fair Price Shop Dealer of No.4 of Kovur Village and Mandal of Nellore District and to pass such other order or orders. Counsel for the Petitioner:MR.K.ANANDA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES WRIT PETITION No. 14039 of 2008 Between: G.Prasad S/o. Masthanaiah R/o. Padugupadu (V), Kovur Mandal, Nellore Dist. ..... PETITIONER AND 1 The Government of AP, Consumer Affairs, Food & Civil Supplies, (CS.1) Dept, Rep by its Secretary, Secreetariat Buildings, A.P., Hyderabad. 2 The District Collector Nellore 3 The Joint Collector, Nellore 4 The Revenue Divisional Officer, Kavali Division, Kavali, Nellore Dist. 5 The Tahsildar, Kovur Mandal, Kovur Nellore Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more in the nature of Mandamus or any other appropriate writ declaring the impugned proceedings in Rc.No.B4925/2007 dt 26.01.2008 of the 4th Respondent in cancelling the authorization of the petitioner as a Fair Shop Dealer to run the Fair Shop No.21 of Padugupaddu Village, Kovur Mandal, Nellore District as confirmed the said cancellation order vide proceedings in Rc.E.114/2008 dt.31.5.2008 of the 3rd Respondent as illegal, arbitrary, contrary to the principles of natural justice and consequentially to set aside the same with a direction to the Respondents to continue the petitioner as Fair Shop Dealer of Fair Shop No.21 of Padugupadu Village, Kovur Mandal, Nellore District. Counsel for the Petitioner:MR.K.ANANDA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES WRIT PETITION NO : 14052 of 2008 Between: D.Krishnaiah, S/o Seshcahalam, R/o. Kovur (V &M), Nellore District. ..... PETITIONER AND 1 The Government of A.P., Consumer Affairs, Food & Civil Supplies (CS.1) Department, Rep. by its Secretary, Secretariat Buildings, A.P. Hyderabad. 2 The District Collector, Nellore District at Nellore 3 The Joint Collector, Nellore District at Nellore. 4 The Revenue Divisional Officer, Kavali Division, Kavali, Nellore District. 5 The Tahsildar, Kovur Mandal, Kovur Nellore District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more in the nature of Mandamus or any other appropriate writ declaring the impugned Proceedings in Rc No. B4911/2007 dt. 27-1-2008 of the 4th Respondent in cancelling the authorization of the petitioner as a Fair Price Shop Dealer to run the Fair Shop No. 5 of Kovur Town, Nellore District as confirmed the said cancellation order vide Proceedings in Rc. E.111/2008 dt. 31-5-2008 of the 3rd Respondent as illegal, arbitrary contrary to the principles of natural justice and consequentially to set aside the same with a direction to the Respondents to continue the petitioner as Fair Price Shop Dealer of No. 5 of Kovur Town, Nellore District and to pass such other order or orders. Counsel for the Petitioner:MR.K.ANANDA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES WRIT PETITION NO : 14075 of 2008 Between: P.V. Sai Ram S/o. Krishna Murthy R/o. Padugupadu (V), Kovur Mandal, Nellore District. ..... PETITIONER AND 1 The Govt. of A.P. Consumer Affairs, Food & Civil Supplies (CS.1) Department, rep. by its Secretary, Secretariat Buildings, A.P., Hyderabad. 2 The District Collector, Nellore District at Nellore. 3 The Joint Collector, Nellore District at Nellore. 4 The Revenue Divisional Officer, Kavali Division, Kavali, Nellore District. 5 The Tahsildar, Kovur Mandal, Kovur, Nellore District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more in the nature of Mandamus or any other appropriate writ declaring the impugned proceedings in Rc.No.B4924/2007 dt. 27.01.2008 of the 4th respondent in cancelling the authorization of the petitioner as a Fair Shop Dealer to run the Fair Shop No.20 of Padugupadu Village, Kovur Mandal, Nellore District as confirmed the said cancellation order vide proceedings in Rc.E.113/2008 dt. 31.05.2008 of the 3rd respondent as illegal, arbitrary, contrary to the principles of natural justice and consequently to set aside the same with a direction to the Respondents to continue the petitioner as Fair Price Shop Dealer No.20 of Padugupadu Village, Kovur Mandal, Nellore District and to pass such other orders. Counsel for the Petitioner:MR.K.ANANDA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES And WRIT PETITION NO : 14077 of 2008 Between: O.Kamakshamma W/o.Jaganmohan Rao R/o.Padugupadu (v), Kovur Mandal, Nellore District. ..... PETITIONER AND 1 The Government of A.P. Consumer Affairs, Food & Civil Supplies (CS.1) Dept., Rep. by its Secretary, Secretariat Buildings, A.P., Hyderabad. 2 The District Collector, Nellore District at Nellore. 3 The Joint Collector, Nellore District at Nellore. 4 The Revenue Divisional Officer, Kavali Division, Kavali, Nellore District. 5 The Tahsildar, Kovur Mandal, Kovur, Nellore District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more in the nature of Mandamus or any other appropriate writ declaring the impugned proceedings in Rc.No.B4905/2007 dt. 26.01.2008 of the 4th Respondent in cancelling the authorization of the petitioner as a Fair Price Shop Dealer to run the Fair Shop No.22 of Padugupadu Village, Kovur Mandal, Nellore District as confirmed the said cancellation order vide proceedings in Rc.E.109/2008 dt. 31.5.2008 of the 3rd respondent as illegal, arbitrary, contrary to the principles of natural justice and consequentially to set aside the same with a direction to the Respondents to continue the petitioner as Fair Price Shop Dealer of No.22of Padugupadu Village, Kovur Mandal of Nellore District and to pass such other order or orders. Counsel for the Petitioner:MR.K.ANANDA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION Nos. 14010,14016,14027,14039,14052,14075 and 14077 of 2008 COMMON ORDER: The petitioners herein are all fair price shop authorizees in Kovur Village and another village in Kovur Mandal, whose authorizations were suspended in 2007. Petitioners preferred appeals to the Joint Collector against the orders of authorization and failing to get an ad-interim order, preferred writ petitions. The writ petitions were disposed of directing the Joint Collector to dispose of the appeals preferred by the petitioners against the orders of suspension pending enquiry and pending disposal of the appeals, granting suspension of the order suspending their authorizations. The Joint Collector dismissed the appeals and the petitioners preferred revisions thereagainst, which are stated to be pending. Thereafter, the Revenue Divisional Officer, Kovur Division, issued a show cause notice calling upon the petitioners to respond to the allegations of commission of irregularities. After receipt of the explanations from the petitioners, the Revenue Divisional Officer concerned, passed final orders on 27.1.2008 cancelling the authorizations of the petitioner. Thereagainst, the petitioners unsuccessfully preferred appeals to the Joint Collector and against the appellate orders of Joint Collector dismissing the several appeals, preferred revisions, which are pending. While so, it is the petitioners’ complaint that the Revenue Divisional Officer has issued a notification calling for applications for grant of permanent authorizations to the fair price shops which have fallen vacant as a consequence of the cancellations of petitioners’ authorizations. Having preferred revisions to the Collector against the orders of the Joint Collector dismissing the appeals against the cancellation of the petitioners’ authorizations, the petitioners have nevertheless filed these writ petitions challenging the cancellation of authorizations. The petitioners shall not be permitted to pursue parallel remedies of revisions and judicial review under Article 226 of the Constitution. Since any permanent authorization granted pending the revisions preferred by the petitioners to the Collector, would be subject to the result of such revisions, the petitioners are seen to suffer no prejudice. The writ petitions are accordingly dismissed. The Collector may expeditiously dispose of the revisions filed by the petitioners against the orders of cancellation of authorization as confirmed by the appellate orders of the Joint Collector and pass a speaking order on such revisions and communicate the same to the petitioners. The writ petitions are dismissed as above. There shall be no order as to costs. ____________________ GODA RAGHURAM,J DATE: 2nd July, 2008 Pnb To 1. The Govt., of AP., Consumer Affairs Food &Civil Supplies (CS.1) Dept., Secretariat Buildings AP, Hyderabad. 2. The District Collector, Nellore District at Nellore. 3. The Joint Collector, Nellore District at Nellore. 4. The Revenue Divisional Officer, Kavali Division, Kavali, Nellore District. 5. The Tahsildar, Kovur Mandal, kovur, Nellore District. 6. Two C.Cs. to the Govt. Pleader for Civil supplies, High Court buildings, Hyderabad. 7.Two .C.D. copies ..... REGISTRAR // TRUE COPY // SECTION OFFICER