THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 26266 OF 2008 Dated: 21-09-2011 Between: K. Sreenu ... PETITIONER AND The Sub Collector, Paloncha, Khammam District and another ... RESPONDENTS THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 26266 OF 2008 ORDER: This writ petition is filed questioning the order dated 11-10-2008 passed in proceedings Rc. No. E/1790/2008 by the Sub Collector, Paloncha, the 1st respondent herein suspending the fair price shop authorisation of the petitioner pending proceedings initiated against him under Section 6-A of the Essential Commodities Act, 1655 (for short ‘the Act’). It is stated in the affidavit filed in support of the writ petition that the petitioner is the fair price shop dealer of shop No.26001 of Gollagudem Village, Aswapuram Mandal, Khammam District. Alleging that the petitioner was in possession of certain duplicate coupons for supply of essential commodities and that he himself was not running the shop and allowed a benami to run the shop, his authorisation was suspended pending enquiry under Section 6-A of the Act. It is the case of the petitioner that without initiating proceedings under the provisions of the Andhra Pradesh Public Distribution System (Control) Order, 2008 (for short ‘the Control Order, 2008’), the 1st respondent has no power to pass an order of suspension pending enquiry under Section 6-A of the Act. This Court while admitting the writ petition, by order dated 02- 12-2008 granted interim stay of the operation of the impugned order and it is stated that by virtue of the interim order, the petitioner is being continued as a dealer. Though the writ petition is of the year 2008, no counter affidavit is filed by the respondents controverting the allegations of the petitioner. Although it is submitted by the learned Government Pleader for Civil Supplies that stocks of the petitioner were confiscated in the proceedings under Section 6-A of the Act, nothing is stated about the authorisation granted to the petitioner which is governed under the provisions of the Control Order, 2008. Even as per the Control Order, 2008 suspension of authorisation of a fair price shop dealer can be resorted to pending enquiry under the Control Order, 2008. The authorisation of a fair price shop dealer cannot be suspended merely on the ground that proceedings under Section 6-A of the Act are initiated against him. In view of the fact that the authorisation of the petitioner was suspended pending enquiry under Section 6-A of the Act without initiating any proceedings under the Control Order, 2008, the impugned order dated 11-10-2008 passed by the 1st respondent is hereby set aside. However, it is made clear that this order will not preclude the respondents from initiating proceedings against the petitioner in accordance with law i.e., as per the provisions of the Control Order, 2008. The writ petition is accordingly allowed. No order as to costs. R. SUBHASH REDDY, J 21-09-2011 ks