HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28092 of 2008 Date : 14.09.2011 Between : Dondiba. …..Petitioner And The Revenue Divisional Officer, Bodhan & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28092 of 2008 ORDER : In this writ petition, the petitioner who is a fair price shop dealer of Madhapur village in Jukkal Mandal of Nizamabad District, has questioned the order, dated 19.12.2008, issued by the 2nd respondent-Tahsildar in Memo File No.B/4117/2008. Alleging that the petitioner has indulged in improper distribution of PDS rice and sugar with lesser weighment to the card orders, the impugned memo is issued to the petitioner, directing him not to function as fair price shop dealer of Madhapur and the fair price shop dealer of Hangarga village was placed as incharge dealer to Madhapur village. At the stage of admission, this Court granted interim suspension and the said order continued all along. Though the writ petition is of 2008, no counter affidavit is filed. As per the provisions of the A.P. Public Distribution System (Control) Order, 2008, the competent authority has got power to suspend the authorization and pass appropriate orders in case if any allegations are made against the dealer. At the same time, when the authorization of the dealer is in force, and the same is not suspended by the competent authority, it is not open for the Tahsildar to direct the petitioner not to function as a fair price shop dealer. The said order is per se illegal and contrary to the procedure contemplated under the Control Order, 2008. For the aforesaid reasons, the writ petition is allowed and the impugned Memo, dated 19.12.2008, issued by the 2nd respondent-Tahsildar in Memo File No.B/4117/2008, is hereby quashed. No costs. ______________________ R. SUBHASH REDDY, J 14th September 2011 ajr