IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 18891 of 2008 Between: Y.Vedavathi D/o.Kamaldas R/o.Indravathi village Uravakonda Mandal, Ananthapur District ..... PETITIONER AND The Tahsildar, Uravakonda Mandal, Ananthapur 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 a writ of mandamus or any other appropriate writ or writs order or direction, declaring the order dated 2.8.2008 in Rc.No.231/2008 on the file of the Respondent herein as illegal, arbitrary,without jurisdiction and violative of principles of natural justice; Award costs and pass Counsel for the Petitioner:MR.N.RANGA REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE MS JUSTICE G.ROHINI W.P.NO.18891 OF 2008 ORDER This writ petition is ﬁled seeking a declaration that the order dated.02-08-2008 passed by the Tahsildar, Uravakonda Mandal suspending the authorization of the petitioner with immediate effect, as arbitrary and illegal. The petitioner states that she is appointed as fair price shop dealer of Indravathi Village in the month of April-2008 following due process of law and that since then she has been distributing the commodities to the card holders. While so, the impugned order was passed by the respondent alleging that as per the report submitted by the Mandal Revenue Inspector-I, Uravakonda dated.01-08-2008 it was found that the petitioner was residing in a diﬀerent village namely Marutla village and that the petitioner’s father by name Kamaldas was running the fair price shop as benami. While denying the said allegations, the petitioner ﬁled this writ petition cont ending inter alia that the respondent was not justiﬁed in suspending the authorization of the petitioner without giving an opportunity of being heard to the petitioner. In the counter-aﬃdavit ﬁled by the respondents it is stated that since the impugned order of suspension was passed by the Tahsildar pending enquiry, the same can not be held to be bad for want of prior notice. It is also alleged that the petitioner is residing in Marutla village and that her name is also found in the electoral roll of the said village. Thus it is contended that she is the permanent resident of Marutla village and therefore she cannot be continued as fair price shop dealer of Indravathi village. I have heard the learned counsel for the petitioner and the respondents. The material on record shows that the impugned order of suspension was passed mainly on the ground that the petitioner was not resident of Indravathi village. Though it is permissible to the respondents to suspend/cancel the authorization of the petitioner on such a ground, since the petitioner disputes the allegation, a detailed enquiry is necessary before taking any such action after giving an opportunity to the petitioner to rebut the allegations. Therefore, I deem it appropriate to dispose of the writ petition with a direction to the Revenue Divisional Oﬃcer, Anantapur who is the appointing authority to conduct a detailed enquiry after issuing a show cause notice to the petitioner, and after furnishing the report of the Mandal Revenue Inspector-I, Uravakonda dated.01-08-2008 and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of four(4) weeks from the date of receipt of a copy of this Order. Having regard to the fact that by virtue of the interim order granted by this Court dated.01-09-2008 the petitioner has been continued as a dealer during the pendency of this writ petition , it is made clear that till appropriate order is passed by the Revenue Divisional Oﬃcer as directed above, the impugned order dated.02.08.2008 shall remain suspended. The writ petition is accordingly disposed of. No costs. _____________ G.ROHINI,J 11th November,2008 *TSNR