IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.27186 of 2008 Between: Shaik Abdul Gafoor, S/o. late Mohd. Mustafa, Aged about 47 years, Occ: Kerosene Hawker, R/o.D.No.14-1- 37, GBC Road, Ponnur village and Mandal, Guntur … Petitioner And The District Collector (CS), Guntur, Guntur District, and two others … Respondents Order: This writ petition is filed with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in not allotting the kerosene quota to the petitioner for the month of December, 2008 without assigning any reason as illegal, arbitrary and against to the principles of natural justice and consequently direct the respondents to continue the supply of the kerosene to the petitioner as it was done till the month of November, 2008 and continue to allot the same, and to grant such other relief or reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case.” The petitioner was appointed as Kerosene Hawker in Ponnur Town, Guntur District, in the year 1980 as per the A.P. Petroleum Products (L & RS) Order, 1980. Later, he was also issued authorization for distribution of essential commodities in addition to Kerosene. When no supplies were made to the petitioner for the month of December, 2008, he filed this writ petition seeking directions to the respondents to supply essential commodities and Kerosene alleging that there are no grounds to discontinue the supplies in absence of any order for discontinuance or cancellation of authorization. At the stage of admission, this court, by order dated 12-12-2008, directed the respondents to supply Kerosene quota to the petitioner as the authorization held by him is neither suspended nor cancelled. A detailed counter-affidavit is filed on behalf of the respondents. In the counter-affidavit, it is stated that the petitioner was initially appointed as Kerosene Hawker in the year 1980 and later on he was also granted authorization for distribution of essential commodities in addition to Kerosene. It is stated that as the petitioner committed certain irregularities in the month of September, 2008 by producing duplicate coupons to the authorities and diverted essential commodities to black-market, his authorization was suspended pending enquiry. It is stated that in view of the order of suspension of authorization, supplies were discontinued from the month of December, 2008. From the counter-affidavit filed on behalf of the respondents, it is clear that the authorization of the petitioner is suspended pending enquiry. Whether the petitioner committed irregularities in distribution of essential commodities or not is a matter which is in the domain of the respondents and when enquiry is pending in this regard, no definite finding can be recorded by going into the merits of the matter. In the circumstances, I deem it appropriate to dispose of the writ petition directing the second respondent-Revenue Divisional Officer, Tenali, Guntur District, to complete the enquiry initiated against the petitioner, if not already completed, and pass appropriate orders within three months from the date of receipt of this order. It is made clear that the interim order dated 12-12- 2008 passed by this court shall continue till the enquiry is completed and appropriate orders are passed. No order as to costs. ___________________ (R. SUBHASH REDDY, J) October 20, 2010 MRR