IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 13931 of 2008 BETWEEN: Kasnaparhti Venkamma W/o. Late Mohan Rao, R/o. Mundlapadu Village, P. Prolu Mandal Krishna District ... PETITIONER AND 1 The Sub Collector, Vijayawada, Krishna District 2 The Thasildar, Penuganchiprolu Mandal Krishna District 3 S.D.T.(PDS), Nandigama, Krishna District ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ or order or direction more particularly in the nature of writ of mandamus declaring the action of the respondents in passing the impugned order suspending the fair price shop dealership 29.2.2008 and further declare the action of the respondents as illegal, arbitrary, unjust and in violation of the Articles, 14,19,and 21 of the Constitution of India and consequently direct the respondents to issue show cause notice giving an opportunity of hearing and conduct fresh enquiry and pass such other order or orders. Counsel for the Petitioner: MR.N.HARINADH Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER: Petitioner questions the order of the Sub-Collector, Vijayawada in suspending his fair price shop dealership temporarily pending enquiry under clause 5(4) and 3(5) of the Andhra Pradesh State Public Distribution System Control Order, 2001 by impugned order in Rc.A7/266/2008 dated 29.02.2008. 2. Admittedly, an appeal is provided against the aforesaid impugned order before the Joint Collector. The petitioner without availing the alternative remedy of appeal straightway filed this writ petition therefore, it may not be just and proper for this Court to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India. The writ petition is accordingly dismissed with a liberty to the petitioner to file an appeal. There shall be no order as to costs. ______________ V. ESWARAIAH, J July 8, 2008 DSK