HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.26181 of 2011 Date: 20-9-2011 Between A.Yasodamma @ Yasoda … Petitioner and The State of Andhra Pradesh, Rep. by the District Collector, Chittoor, Chittoor district and 2 others … Respondents HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.26181 of 2011 Order: Heard Sri S.V.Muni Reddy, learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents. 2. This writ petition has been filed challenging the order of the 2nd respondent-Revenue Divisional Officer, Chittoor, in Roc.B/3527/2011, dated 18-8-2011, suspending the Fair Price Shop authorization of the petitioner pending enquiry, as illegal. 3. The petitioner is a Fair Price Shop Dealer of Menatampalle village. The Civil Supplies Deputy Tahsildar, Gangadhara Nellore Mandal, inspected the said shop on 30-7-2011 and found that the petitioner has committed certain irregularities in distribution of essential commodities to the card-holders. He submitted a report dated 30-7-2011 to the said effect to the 2nd respondent-Revenue Divisional Officer, Chittoor, who, after taking cognizance of the same, has passed the impugned order dated 18-8-2011. 4. Sri S.V.Muni Reddy, learned counsel for the petitioner, contends that the order of the 2nd respondent is arbitrary since the allegation that the shop is being run by benami is contrary to evidence. Reliance is placed on Identity Card issued by the Election Commission of India, Aadhaar Card and the Household Card to show that the petitioner is a resident of Kuppana Palli village, which is said to be within the area of Manatampalle village. Basing on the said material, it is contended that the allegation that the petitioner is residing at Mooluru village is incorrect. It is the contention that this being the main allegation, which is being contrary to the material, the impugned order is not sustainable. 5. I am unable to accept the said contention. As many as six irregularities are alleged against the petitioner. The prominent among them are that the petitioner is not running the fair price shop but handed over the same to one A.Muni Reddy and the said person was issuing lesser quantities of rice to the card-holders and that the Public Distribution System rice is not issuing to the card-holders properly without maintaining the sale registers. Hence, as contended by the learned counsel for the petitioner, residence is not the only allegation, which is serious in nature. 6. Nextly; it is contended that the 2nd respondent, while passing the impugned order, has also initiated action by issuing a show cause notice dated 18-8-2011 proposing to cancel the dealership. The learned counsel, therefore, submits that the 2nd respondent has predetermined the issue and no useful purpose would be served in participating in the enquiry. 7. I am unable to accept the said contention. There is absolutely no scope to infer that the 2nd respondent has already come to a conclusion and the impugned order has been passed as it is indicated therein as ‘pending enquiry’. Therefore, the 2nd respondent is justified in issuing a show cause notice before passing any final order. No inference can be drawn from the fact that the show cause notice has been issued on the same date. 8. The learned counsel further submits that a copy of the report dated 30-7-2011 of the Civil Supplies Deputy Tahsildar, Gangadhara Nellore Mandal, has not been furnished to the petitioner. 9. Merely because a copy of the report has not been given to the petitioner, no fault can be found with the impugned order. However, the petitioner can always make an application seeking a copy of the report and obtain the same before submitting explanation to the show cause notice. 10. It is not in dispute that the 2nd respondent is competent to initiate disciplinary proceedings and pass orders suspending the authorizations, pending enquiry. 11. For the aforesaid reasons, no interference is called for at this stage and the writ petition is accordingly dismissed. It is, however, made clear that if the petitioner makes an application seeking a copy of the enquiry report of the Civil Supplies Deputy Tahsildar, Gangadhara Nellore Mandal, the same shall be furnished to her. She is also at liberty to submit explanation to the show cause notice and participate in the enquiry and defend her case. No costs. ___________________ NOUSHAD ALI, J. 20th September, 2011. Ak HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.26181 of 2011 20th September, 2011. (Ak)