THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION No.239 of 2011 ORDER: This Writ Petition is filed seeking the writ of mandamus declaring the action of second respondent, the Revenue Divisional Officer, Jagtial, Karimnagar District, issuing the show cause notice in Proceedings No.G/3601/2010, dated 06.12.2010, and suspending the authorisation of the petitioner’s fair price shop dealership No.1951 of Polasa village, Jagtial Mandal, Karimnagar District, without waiting for the expiry of the period for submission of explanation, as illegal. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the Civil Supplies. Perused the records. 3. The petitioner is a fair price shop dealer in respect of Shop No. 1951 of Polasa Village. By interim proceedings No. No.G/3601/2010, dated 06.12.2010, the second respondent, the Revenue Divisional Officer, Jagtial, Karimnagar District, issued a show cause notice calling for the explanation of the petitioner on the report of the Assistant Supply Officer, Jagtial, Karimnagar District, wherein it is alleged that the petitioner was acting contrary to the terms and he is diverting the essential commodities to black market. According to the petitioner, after receiving the said show cause notice, he submitted a detailed explanation on 10.12.2010 denying the allegations. The grievance of the petitioner is that without considering the explanation, the second respondent has, on the very same day i.e., on 06.12.2010, issued proceedings suspending the authorisation of the dealership. The show cause notice was issued on 06.12.2010 wherein the petitioner was granted seven days time for submitting his explanation. However, without waiting for the expiry of the said period of seven days, the second respondent, on the same day i.e., on 06.12.2010 issued impugned proceedings suspending the authorisation of the dealership temporarily. Subsequently, on 10.12.2010, the petitioner submitted his explanation. 4. In as much as the impugned proceedings suspending the authorisation of the dealership were issued on the same day, i.e., on 06.12.2010, on which date the show cause notice was issued and without waiting for the expiry of the time given by the second respondent for submission of his explanation, it is considered that the said impugned proceedings are unsustainable and they are liable to be set aside. As the petitioner has already submitted his explanation on 06.12.2010 to the show cause notice, the second respondent is directed to consider the same on its merits and pass final orders thereon within four (4) weeks from the date of receipt of a copy of this order. Till such time, the petitioner shall be allowed to operate the fair price shop dealership. 5. The Writ Petition is disposed of accordingly. There shall be no order as to costs. ____________________ (G.V.SEETHAPATHY, J) Date: 12th January, 2011. Note: Issue C.C. in one week (B/o.) KL/VA THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION No.239 of 2011 Date: 12th January, 2011 KL/VA