IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 26298 of 2008 Between: Manepalli Buchaiah, S/o. Late Adinarayana, Janardhanapuram (V), Nandivada(M), Krishna District. ..... PETITIONER AND The Tahsildar (FAC), Nandivada Mandal, At Nandivada, Krishna District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ or direction preferably writ of mandamus declaring the order issued by the respondent in the proceedings Rc. B- 436/2008 dt. 14-8-2008 served on the petitioner on 17-10-2008 as illegal, arbitrary and violative of principles of natural justice and consequently set aside the same. Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondent: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No. 26298 of 2008 ORDER: This writ petition is filed seeking a Mandamus to declare the proceedings, dated 14.08.2008, issued by the respondent as arbitrary, illegal and violative of principles of natural justice. According to the petitioner, he has been working as Fair Price Shop dealer of Shop No.2, Janardhanapuram village, Nandivada Mandal, Krishna District, for the last 29 years. While that being so, the Special Deputy Tahsildar, PDS, Gudivada, has inspected his shop on 06.10.2008 and, on verification of all the records including ground balance, did not find any variation in book balance and ground balance, but however, seized the stock. Questioning the said action of seizure, he filed W.P.No.22302 of 2008, wherein this Court in W.P.M.P.No.29054 of 2008, on 18.11.2008, directed the respondents to release stock of rice, red-gram, sugar, Palmolive oil, kerosene etc. seized on 06.10.2008 forthwith, pending the writ petition, while observing that even according to the seizure report there is no variation in the stock. The grievance of the petitioner is that though the Special Deputy Tahsildar, PDS, Gudivada, at the time of inspection, did not find any variation in the stock, but however, subsequently, the respondent, namely the Tahsildar (FAC), Nandivada Mandal, Krishna District, has issued the proceedings, dated 14.08.2008, suspending his authorization on the ground that the Special Deputy Tahsildar has seized the stock and filed a case under Section 6-A of Essential Commodities Act, 1955 before the Joint Collector, Krishna District. Hence, this writ petition. Learned counsel for the petitioner submits that when the Special Deputy Tahsildar seized the stock of the petitioner’s shop on 06.10.2008, despite his not finding any variation in the stock, the same was questioned before this Court in W.P.No.22302 of 2008, wherein this Court directed to release the stock seized by the respondents, while observing that even according to the seizure report there is no variation in the stock. Learned Government Pleader for Civil Supplies submits that basing on the report submitted by the Special Deputy Tahsildar (PDS), Gudivada that the petitioner has diverted a quantity of 300 litres of kerosene to the black market, the respondent passed the impugned orders suspending the authorization of the petitioner; therefore, there is no illegality on the part of the respondent in issuing the impugned proceedings. In the circumstances, since a detailed enquiry initiated against the petitioner on certain irregularities alleged to have been committed by him is pending, without expressing any opinion on merits, I deem it appropriate to direct the respondent to complete the said enquiry within a period of two months from the date of receipt of a copy of this order and pass appropriate orders as per law. The writ petition is, accordingly, disposed of. No order as to costs. _____________ C.V.RAMULU,J 02.12.2008 v v