THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.21356 of 2006 ORDER: 1 The petitioner herein is an authorised Fair Price Shop dealer for distribution of essential commodities for shop No.18 in Vakapalli village of Ganapavaram Mandal, West Godavari District. In this Writ Petition he has questioned the order dated 16.09.2006 passed by the Mandal Revenue Officer Ganapavaram. By the aforesaid order one Sri A.Bhimanna, Fair Price Shop dealer of Venkatrajapuram village was placed in additional charge held by the petitioner. 2 In this Writ Petition, mainly, it is the case of the petitioner that on vague allegations made during the Mandal Parishad General Body meeting and at the instance of the local MLA, the impugned order is passed. It is the case of the petitioner there is no such power conferred on the Mandal Revenue Officer to give additional charge to the dealer of adjoining village when the authorisation granted to the petitioner is in force. 3 At the stage of admission, this court has granted interim order suspending the impugned order. It is stated that by virtue of the interim order granted by this court the petitioner is continuing as dealer of the said Fair Price Shop. Though the Writ Petition is of the year 2006, no counter affidavit is filed by any of the respondents. 4 From a perusal of the impugned order, it is clear that there is no indication of suspension of the authorisation granted to the petitioner. Under the scheme of the A.P. Public Distribution System (Control) Order 2001, if there is any violation of the provisions of the Control Order and conditions of the authorisation, the authorisation of the dealer can be cancelled. But without passing an order suspending the authorisation of the petitioner and the authorisation granted to the petitioner is in force, it is not known how the adjoining dealer can be given additional charge of the shop which is held by the petitioner. Hence, in absence of rebuttal of the allegations made by the petitioner, I deem it appropriate to set aside the impugned order. 5 Accordingly the Writ Petition is allowed and the order dated 16.09.2006 passed by the Mandal Revenue Officer Ganapavaram in ROC.148/2006 (CS) is hereby set aside. No costs. ----------------------- R.Subhash Reddy, J. 01.11.2011 Kvsn