HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.22035 of 2010 Date : 03.09.2010 Between : Smt. Nagabhairu Rama Subbayamma. …..Petitioner And The Government of Andhra Pradesh, rep. by its Principal Secretary, Department of Civil Supplies & others. …..Respondent HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.22035 of 2010 ORDER : In this writ petition, the petitioner has questioned the order passed by the 2nd respondent-Revenue Divisional Officer, Narsaraopet, dated 7th August 2010, in Rc.No.2843/2010-DT, suspending the petitioner’s authorization to run the fair price shop. The petitioner was initially appointed as a temporary dealer for fair price shop No.33 of Shanti Nagar in Chilakaluripet Town and Mandal of Guntur District to run the said shop on behalf of Durga Bhavani Mahila Podupu Sangham. On 6th August 2010, the Tahsildar, Chilakaluripet Mandal, reported to the Revenue Divisional Officer, Narsaraopet, that on the said date, the Police, Chilakaluripet Police Station, have caught about 28 bags of PDS rice, and the inquiry revealed that the said rice was diverted from the shop of the petitioner, thus, the petitioner has violated the provisions of the A.P. Public Distribution System (Control) Order, 2008. Based on the said report, the impugned order is passed, suspending the authorisation issued to the petitioner, and the Tahsildar, Chilakaluripet, was instructed to make alternate arrangements to avoid inconvenience to the cardholders. In this writ petition, it is submitted that the petitioner is innocent and that she has nothing to do with the 28 bags of PDS rice, seized by the Police on 6th August 2010. It is further contended by the learned counsel that there was an inspection in the shop of the petitioner and the inspecting authorities did not notice any variations in stocks, and that itself is sufficient to hold that the rice seized on 6th August 2010 is not diverted from the shop of the petitioner. The impugned order is an order of suspension, pending inquiry. Whether the petitioner has diverted the PDS rice or not, is a matter for inquiry by the 2nd respondent-Revenue Divisional Officer, but even before such inquiry is conducted, the plea of the petitioner that she did not divert the PDS rice to the black-market and has not contravened the provisions of the Control Order, cannot be accepted. As the prima facie inquiry revealed that the rice was diverted from the shop of the petitioner, I do not find any illegality in the order passed by the Revenue Divisional Officer, Narsaraopet, on 7th August 2010, in Rc.No.2843/2010-DT. As much as the seizure report is already filed, I deem it appropriate to dispose of the writ petition with a direction to the Revenue Divisional Officer, Narsaraopet, to complete the inquiry on the allegation made against the petitioner, within a period of four weeks from today, by issuing notice to her. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 3rd September 2010 ajr