IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12160 of 2008 Between: T.NageswaraRaoS/o Veeraiah (shop No.1) Vellalacheruvu Village, Santhamagulur Mandal, Prakasam District. ..... PETITIONER AND 1 The District Collector, Prakasam District, at Ongole, 2 the Collector(CS)., Prakasam District at Ongole. 3 The Revenue Divisional Officer, Ongole. Prakasam District. 4 the Tahsildar (mandal Revenue Officer), Santhamagulur Mandal, Prakasam District. .....RESPONDENT(S) 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 issue a Writ, order or direction, declaring the orders of the Collector (CS), Prakasam District, Ongole in Rc. CS2/3383/2006 dated 31-5- 2008 as ilelgal, arbitrary, malafide and opposed to principles of natural justice and set a side the same by issuing a writ of Mandamus and further direct that the petitioner be permitted to function as a Fair Price shop dealer of Vellalacheruvu Village, Santhamagulur Mandal, Prakasam District by issuance of Essential Commodities and to pass such other order or orders. Counsel for the Petitioner:MR.I.GOPAL REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12160 of 2008 ORDER: Petitioner is the fair price shop dealer of Vellalacheruvu Village, Santhamagulur Mandal, Prakasham District, and the dealership of the petitioner’s fair price shop was cancelled by the 3rd respondent, through order, dated 12-02-2008, on the ground that the petitioner has charged higher rates, resorted to making spurious entries for pecuniary gain through diversion of stocks, so secured in black market and deprived of the right of the poor card holders to get their legitimate quota, which are grave in nature and thus contravened the provisions of APs PDs Control Order, 2001 and conditions of grant of authorization. Aggrieved by the same, the petitioner filed W.P.No.3530 of 2008 before this court and this court through order, dated 22-02-2008, suspended the operation of the cancellation order passed by the 3rd respondent pending disposal of the appeal before the 2nd respondent. The 2nd respondent through order, dated 31-05-2008, dismissed the appeal. It is stated that the petitioner raised as many as 13 grounds to prove his innocence, but without dealing with any of the contentions raised in the grounds of appeal, recorded a finding that the petitioner diverted 1.75 qtls. of PDS rice and 70 kgs. of AAY rice by making false entries in the register, as stated by the card holders to the Enquiry Officer. Learned counsel appearing for the petitioner contended that the enquiry report has not furnished particulars of the card holders, who have given statements to the Enquiry Officer and without there being any basis whatsoever, the averments made in the cancellation order are illegal and arbitrary. I am not inclined to express any opinion with regard to the finding recorded by the 2nd respondent. As the appellate authority has not dealt with any of the grounds raised in the appeal, I am of the opinion that it is just and proper to direct the petitioner to avail remedy of revision before the 1st respondent, taking all these grounds, so as to enable the revisional authority to deal with the said contentions and decide the matter on merits. Having regard to the facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to file a revision before the 1st respondent within one week from the date of receipt of a copy of this order. If any such revision is filed within one week from the date of receipt of a copy of this order, the impugned order shall be kept in abeyance, as the petitioner has been distributing essential commodities to the card holders, in view of the order passed by this court in W.P.No.24150 of 2006 suspending the suspension order passed by the 3rd respondent and in view of the order passed by this court in W.P.No.3530 of 2008 suspending the cancellation order passed by the 3rd respondent. There shall be no order as to costs. __________ 13-06-2008 Note: Issue C.C. in three days (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}