HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.28443 of 2008 Date: June 28, 2011 Between: 1. Buridi Venkateswara Rao & 7 others. … Petitioners and 1. The Collector & District Magistrate, West Godavari District, Eluru & 6 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.28443 of 2008 O R D E R: The grievance of the petitioners, residents of Perugugudem village, Denduluru Mandal, West Godavari District, is with regard to the functioning of the 7th respondent, the fair price shop dealer of the said village. It is their case that in spite of their complaints and an adverse enquiry report dated 13.9.2008 submitted by the Assistant Grain Purchasing Officer, Eluru, the authorization of the 7th respondent as the fair price shop dealer of the village was restored under the proceedings dated 02.12.2008. They seek a consequential direction to the authorities to cancel the dealership of the 7th respondent after conducting a fair enquiry based upon the report dated 13.9.2008. 2. The proceedings dated 02.12.2008 issued by the Revenue Divisional Officer, Eluru, restoring the authorization of the 7th respondent reflect that the enquiry report dated 13.9.2008 submitted by the Assistant Grain Purchasing Officer, Eluru, was not directly taken into account. Terse and unreasoned, the said proceedings only referred to the imposition of a penalty of Rs.1,000/- with a warning to be more careful in future upon the 7th respondent under the earlier proceedings dated 19.11.2008 of the Revenue Divisional Officer, Eluru, and proceeded to sanction the restoration of the 7th respondent’s authorization. 3. The earlier proceedings dated 19.11.2008 of the Revenue Divisional Officer, Eluru, a copy of which is placed before this Court reflect that, having adverted to the enquiry report dated 13.9.2008 of the Assistant Grain Purchasing Officer, Eluru, the Revenue Divisional Officer, Eluru, concluded that the allegations against the 7th respondent were general in nature and accordingly imposed a penalty of Rs.1,000/- with a warning to be careful in future. Reference is made therein to the enquiry by the Tahsildar, Denduluru, into the allegation that there was diversion of 35 litres of kerosene by the 7th respondent which was found to be incorrect, as some of the cardholders had given their allotment of kerosene to a named person for his own usage. However, the finding of the Assistant Grain Purchasing Officer, Eluru, in his report dated 13.9.2008 that the villagers had ignored the mistakes, including the diversion of essential commodities, by the 7th respondent earlier, but due to her indifferent attitude towards the cardholders, they had developed dissatisfaction and sought cancellation of her dealership, was completely ignored. 4. In the light of the above proceedings, it is clear that the authorities dealt with the matter in a superficial and unsatisfactory manner as a comprehensive overview of the allegations and the findings against the 7th respondent was not taken into account while restoring her authorization. Once the cardholders of the village en masse submitted complaints against the fair price shop dealer, the authorities necessarily had to look into those allegations in right earnest to see that the public distribution system is not hampered owing to the irregularities, if any, in the functioning of the dealer. Such an exercise is absent in the present case. 5. The proceedings dated 02.12.2008 passed by the Revenue Divisional Officer, Eluru, restoring the authorization of the 7th respondent is accordingly set aside. The Revenue Divisional Officer, Eluru, shall cause an enquiry afresh into the matter in its totality, duly taking into account the enquiry report dated 13.9.2008 submitted by the Assistant Grain Purchasing Officer, Eluru, and also such other material as may be placed before him by the affected parties. The residents of the village shall be given an opportunity to participate in such enquiry and produce relevant material in support of their allegations against the 7th respondent. The 7th respondent shall also be given adequate opportunity of being heard and to defend herself. This exercise shall be completed within two months from the date of receipt of a copy of this order. Pending this exercise, the 7th respondent shall be permitted to continue as the fair price shop dealer of Perugugudem village, Denduluru Mandal, West Godavari District. 6. The writ petition is disposed of with the above directions. No order as to costs. ___________________ SANJAY KUMAR, J Date: June 28, 2011. BSB