IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO.2492 of 2009 Between: Kavala Ramananna, S/o. Nartayanamuthy, F.P.Shop No.4, Door No.34-3-2-16, Muchimilli Village, Ramachandrapuram Mandal, East Godavari District. ...PETITIONER AND 1 The District Collector, East Godavari District at Kakinada. 2 The Revenue Divisional Officer, Rajahmundry, East Godavari District. 3 The Tahsildar, Rayavaram, East Godavari 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 an appropriate Writ, order or direction one in the nature of a Writ of Mandamus declaring the action of the 2nd respondent in passing the impugned order vide Ref.No.E/3618/2007 dated 19-1-2009, wherein the petitioners F.P.Shop Dealer authorization in respect of F.P.Shop No.4 of Ramachandrapuram was cancelled without proper application of the Rules and without hearing the petitioner as illegal, arbitrary and unconstitutional and consequently set aside the impugned order passed by the 2nd respondent vide proceedings No.Ref.E/3618/2007 dated 19-1-2009 directing to continue the petitioner as dealer for F.P.Shop No.4 of Ramachandrapuram, East Godavari District. Counsel for the Petitioner: MR.N.RAVI PRASAD Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO.2492 of 2009 ORDER: This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the second respondent in passing the impugned order vide Ref.E.3618/2007 dated 19.01.2009 cancelling the authorization held by the petitioner against Fair Price Shop No.4 of Ramachandrapuram Village and Mandal, East Godavari District, as arbitrary and illegal. It appears the petitioner is the Fair Price Shop Dealer of Fair Price Shop No.4 of Ramachandrapuram Village and Mandal, East Godavari District. While that being so, under the impugned order, the authorization of the petitioner was cancelled, after conducting an enquiry into the matter. Aggrieved thereby, the present Writ Petition is filed. According to the petitioner, the impugned order was passed only on the ground that the petitioner is working as Field Assistant in Sri Sarvaraya Sugars Ltd., Chelluru, for the last fifteen {15} years and therefore, he is not entitled to continue as Fair Price Shop Dealer. But, according to the petitioner, he is not working with Sri Sarvaraya Sugars Ltd., Chelluru, or any other organization. He is eking his livelihood only from the Fair Price Shop. Learned Government Pleader appearing for the respondents stated that the authorization was cancelled only after conducting a detailed enquiry into the matter. Therefore, the question of interfering with the said order does not arise. Apart from that, the petitioner has got an effective alternative remedy by way of filing an appeal before the Joint Collector (Civil Supplies), East Godavari District. Instead of filing an appeal, the petitioner has approached this Court. Under these circumstances, without expressing any opinion on merits, the Writ Petition is disposed of directing the petitioner to file a statutory appeal before the Joint Collector (Civil Supplies), East Godavari District, within a period of three {3} weeks from the date of receipt of a copy of this order. On filing of such an appeal, the Joint Collector (Civil Supplies), East Godavari District, shall entertain the same without taking any objection as to limitation and dispose of the same on its own merits, as per law. However, during the pendency of such appeal, status quo obtaining as on today as to the allotment of shop of the petitioner shall continue. _____________ (C.V.RAMULU, J) 18th February 2009 Note: Wire at party’s cost B/O RRB