THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6449 of 2010 Dated:22.03.2010 Between: G.Sreeramulu. …Petitioner And The Joint Collector, Ananthapur, Ananthapur District, And others. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6449 of 2010 ORDER: The petitioner is the dealer of Fair Price Shop No.38 of Narpala Village and Mandal in Ananthapur District. The second respondent issued a show cause notice dated 06.11.2009 calling upon the petitioner to show cause as to why action should not be taken and enquiry should not be conducted into the charge that he diverted 84.21 quintals of PDS rice to black market for pecuniary gains and caused inconvenience to poor cardholders. The petitioner submitted explanation. He alleged that Tahsildar obtained his statement forcibly without inspecting the premises on 29.10.2009. He denied the charge. Considering the record and explanation the second respondent issued proceedings dated 26.02.2010 cancelling the authorization. Aggrieved by the said order the present writ petition is filed. This Court heard the learned Counsel for the petitioner who submits that the entire basis for the action is alleged statement recorded by the Tahsildar. He submits that Tahsildar never inspected the shop and statement was forcibly obtained. If that be so, the same being a question of fact the petitioner has to approach the Joint Collector, first respondent herein, who is the appellate authority. Without availing the remedy of appeal this Court is not inclined to go into the merits of the case. Liberty is given to the petitioner to prefer an appeal before the Joint Collector immediately. He is also given liberty to seek stay of the impugned order. As and when such application is filed, the Joint Collector shall dispose of the same immediately and also consider the appeal for disposal within a period of four weeks from the date of presentation of the appeal. The Writ Petition with the above observations is accordingly dismissed. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 22.03.2010 Note: Issue C.C in three days. B/o. vs