THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18300 of 2009 DATE:02.09.2009 Between: K. Pochaiah ... Petitioner and The Revenue Divisional Officer, Nizamabad, and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18300 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Certiorari to quash the proceedings No.B3/4208/2009 dated 19.08.2009 issued by 1st respondent cancelling his authorisation in respect of a fair price shop of Abangapatnam village, Navipet Mandal, Nizamabad District, and consequently, to direct the respondents to permit him to reopen and run the fair price shop. 2. Briefly, the case of the petitioner is that he is a fair price shop dealer of Abhangapatnam, Navipet Mandal, Nizamabad District and has been supplying the essential commodities to the cardholders for the last 15 years without any complaint. The Government of Andhra Pradesh started mid-day meals scheme programme for the school going children and he was directed to receive the rice intended for the said scheme. In this connection, a quantity of 900 kgs of rice is supplied for 352 students by the Tahsildar, Navipet - 3rd respondent for delivery to the Zilla Parishad High School, Abhangapatnam. Instead of taking the whole stock of 900 kgs per month, the Head Master concerned took 900 kgs of rice in the month of January, 2009. Thereafter, though the rice was supplied, the Head Master concerned did not turn up for taking delivery of the same. Thus, a total quantity of 32 quintals of rice is available in his fair price shop till date. While so, the Revenue Divisional Officer, Nizamabad - 1st respondent has issued proceedings No.B3/4208/2009 dated 19.08.2009 cancelling his authorisation on the allegation that 32 quintals of rice was allotted in excess resulting in loss to the Government exchequer, basing on the report of the District Supply Officer, Nizamabad, dated 29.07.2009. Aggrieved by the same, he filed the present writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Civil Supplies. 4. According to the learned counsel for the petitioner, the petitioner is no way concerned with the excess stock of rice supplied by the 3rd respondent and it is for the respondents to know the strength of the students in the Zilla Parishad High School, Abhangapatnam and see that proper stocks are supplied. It is his further contention that a quantity of 32 quintals of rice was found in excess in his shop and there is absolutely no fault on the part of the petitioner. May be, the said contentions are true. But, now that the 1st respondent is holding an enquiry into the said allegation, this Court is of the view that this writ petition can be disposed of with a direction to the 1st respondent to complete the eqnuiry, at the earliest. 5. Accordingly, this writ petition is disposed of directing the 1st respondent to complete the enquiry, at the earliest, preferably, within a period of three (3) weeks from the date of receipt of a copy of this order and pass necessary orders. If for any reason, no order is passed within the stipulated time, the authorisation of the petitioner shall be restored. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 2nd September, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18300 of 2009 (Disposed of) 2nd September, 2009 CBS