IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 22565 of 2006 Between: M/s. N.V. Gupta, a proprietary concern H.P.C. Wholesale Kerosene Dealer, at Sy.No. 354, rep. by its Proprietor. ..... PETITIONER AND The Joint Collector (Civil Supplies) Nalgonda, Nalgonda 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 will be pleased to to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings of the respondent bearing No. CS5/1385/2006 dt. 27-10-2006 as illegal, arbitrary, and unjust and consequently direct the respondent to drop all further proceedings against the petitioner in this regard and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 22565 of 2006 ORAL ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. The writ petition is directed against the order of the respondent dated 27-10-2006 whereby and whereunder on an allegation that the petitioner, a wholesale kerosene dealer holding a license under the provisions of the Andhra Pradesh Petroleum Products (L & RS) Order, 1980 (for short ‘the 1980 Order’) has in connivance with a fair Price Shop Dealer, Shop No.2, Chityal, diverted PDS kerosene oil unlawfully, ordered temporary suspension of the Form-B license until conclusion of the investigation. The petitioner assails the order of suspension on the ground that a show cause notice should have preceded the order of suspension. The respondent has filed a counter affidavit that on a specific complaint of a resident of Chityal village that on the night of 11-09-2006 the kerosene wholesaler’s tanker delivered five drums of kerosene to the Fair Price Shop Dealer, Shop No.2 unauthorizedly and the Deputy Tahasildar inspected the Fair Price Shop and examined the complainant and had also verified the stocks at the Fair Price Shop. During enquiry the complainant informed the enquiry officer about the delivery of kerosene oil to the Fair Price Shop No.2 by a tanker. The allegation is also that the Fair Price Shop dealer in collusion with the petitioner, a wholesale kerosene dealer had over night sold one barrel of PDS kerosene. The counter further states that after further enquiry there was information to show that the petitioner was the wholesale dealer involved in the contravention. In the circumstances, the counter states a show cause notice was issued to the petitioner to which the petitioner submitted a written explanation on 29-09-2006. A personal hearing was also afforded to the petitioner on 23- 10-2006 and thereafter on the basis of the information available, the impugned order dated 27-10-2006 was passed suspending the license of the petitioner. In the circumstances above, the challenge in the writ petition must fail. The writ petition is accordingly dismissed. No cost. GODA RAGHURAM, J Dated: 10-07-2008 Pvks/*