THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25335 of 2009 Date:04.12.2009 Between: Nimmakayala Mala Kondaiah ... Petitioner and The District Collector (C.S.Wing), Prakasam District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25335 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the order in Rc.F/690/09 dated 03.08.2009 passed by the 2nd respondent suspending his authorisation pending enquiry, as illegal and arbitrary, and consequently, to direct the respondents to supply the essential commodities to his fair price shop. 2. The case of the petitioner, in breif, is that he is the fair price shop dealer of Gudipadu village, Kanigiri Mandal, Prakasam District, and has been distributing the essential commodities to the cardholders without any complaint. While so, on 29.07.2009 the Enforcement Deputy Tahsildar, Kanigiri Mandal inspected his shop and without conducting proper enquiry, seized 220 litres of kerosene on the ground that there is variation in the stock and registered a case against him under Section 6-A of the Essential Commodities Act, 1955. Subsequently, the respondents stopped supply of the essential commodities to his shop. Questioning the same, he approached this Court and filed W.P.No.19133 of 2009 and this Court, after hearing both sides, disposed of the same, by an order dated 10.09.2009, directing the respondents to supply the essential commodities to his fair price shop regularly, so long as his authorisation is in force. In order to avoid implementation of the said order, the 2nd respondent issued proceedings in Rc.F/690/09 with an ante-date i.e. 03.08.2009 suspending his authorisation. Being aggrieved by the same, he filed the present writ petition. 3. Heard the leaned counsel for the petitioner as well as the Assistant Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has contended that only to circumvent the order dated 10.09.2009 passed by this Court in W.P.No.19133 of 2009, the 2nd respondent passed the order impugned in this writ petition by putting an ante-date i.e. 03.08.2009. 5. On instructions, the learned Government Pleader has submitted that against the impugned order dated 03.08.2009, the petitioner approached the 1st respondent and filed an appeal on 06.10.2009 along with a petition seeking stay of the impugned order. The 1st respondent, after hearing the learned counsel for the petitioner, disposed of the appeal, by an order dated 18.11.2009, with a direction to the 2nd respondent to finalise the disciplinary proceedings within one month, by affording opportunity to the petitioner. 6. In the light of the submission made by the learned Government Pleader, the contention put forth by the learned counsel for the petitioner cannot be countenanced. 7. However, taking into consideration the facts and circumstances of the case, the 2nd respondent is hereby directed to complete the disciplinary proceedings against the petitioner at the earliest, preferably, within a period of six (6) weeks from today. In the event of his failure to complete the disciplinary proceedings within the time specified, the authorisation of the petitioner shall be restored and the essential commodities shall be supplied to his fair price shop so as to enable him to distribute the same to the cardholders, pending the disciplinary proceedings. 8. As the report of the Enforcement Deputy Tahsildar, Kanigiri, dated 30.07.2009 is the basis for initiation of the disciplinary proceedings, the 2nd respondent is also directed to furnish a copy of the said report to the petitioner so that he will be in a positioin to answer the charges. 9. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 4th December, 2009 Note: Furnish C.C. by three days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25335 of 2009 (Disposed of) 4th December, 2009 Note: Furnish C.C. by three days. (b/o) CBS