IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.24584 of 2005 Between: Katta Sunitha W/o. K. Srinivas, R/o. Cheekatimamidi, Bommalaramaram Mandal, Nalgonda District, ..... PETITIONER AND 1 The Revenue Divisional Officer, Bhongir, Nalgonda District, 2 The Joint Collector, Nalgonda 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 will be pleased to issue a writ or order or direction , preferably one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not restoring the petitioner's authorization as Fair Price Shop Dealer of Cheekatimamidi Village of Bommalaramaram Mandal, Nalgonda District and further action of the 1st Respondent in not passing orders on the ﬁnal enquiry pursuant to the show cause notice dt. 29-7- 2005 and explanation submitted by the petitioner dt. 8-8- 2005 even though very basis of suspension has gone in view of the orders passed by the 2nd respondent Joint Collector in 6A case vide proceedings Case No. CSI/652/2005, dt. 27-6-2005 as illegal, arbitrary and violative of articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent to restore the authorization of the petitioner forthwith and pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the interest of justice. Counsel for the Petitioner:SRI K.RATHANGA PANI REDDY Counsel for the Respondents : GP FOR CIVIL SUPPLIES FOR RAPP-1&2 The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.24584 of 2005 ORDER: The petitioner was appointed as a Fair Price Shop (FPS) dealer of Cheekatimamidi Village of Bommalaramaram Mandal in Nalgonda District, in 2001. The Mandal Revenue Oﬃcer (MRO), Bommalaramaram Mandal, submitted a report on 28.04.2005 pointing out certain serious charges. Based on the same, the ﬁrst respondent suspended the authorization on 09.05.2005 and issued a show cause notice dated 29.07.2005. The petitioner submitted explanation on 08.08.2005. It is alleged that even though explanation was submitted, the Revenue Divisional Oﬃcer (RDO) did not conduct enquiry and did not pass any orders. In the meanwhile, on the report submitted by the MRO, the Joint Collector initiated action under Section 6-A of the Essential Commodities Act, 1955. He passed orders on 27.06.2005 imposing a ﬁne of Rs.1,000/-. This Court while admitting the writ petition on 18.11.2005 passed interim orders directing the ﬁrst respondent to restore petitioner’s authorization. RDO then came forward with an application, being W.V.M.P.No.3446 of 2005, for vacating the said order. This Court made the interim order absolute on 19.06.2006. Though no material is placed before this Court, it is alleged that pursuant to the orders of this Court dated 19.06.2006, the petitioner’s authorization has been restored and she is continuing as FPS dealer. The petitioner subsequently ﬁled W.P.M.P.No.27702 of 2006 seeking amendment of the writ petition. This was necessitated for the reason that in the counter aﬃdavit ﬁled by RDO along with W.V.M.P.No.3446 of 2005 it was brought to the notice of this Court that petitioner’s authorization was cancelled on 07.10.2005. This petition has been listed along with the writ petition, and can be ordered. After amending the prayer, virtually, the writ petition is one challenging the proceedings bearing No.H/1166/05, dated 07.10.2005 passed by the RDO, Bhongir, canceling the authorization of the petitioner. Though submissions are made concerning the merits of the case, as the case involves questions of fact and also the petitioner has an eﬀective remedy by way of an appeal under Clause 20 of the Andhra Pradesh State Public Distribution System Control Order, 2001, this Court is not inclined to go into the merits of the case. The petitioner, if so advised, may prefer an appeal before the Joint Collector against the order of the RDO. As and when the appeal is ﬁled by the petitioner, the Joint Collector may dispose of the same within a period of six weeks from the date of ﬁling of the appeal. The petitioner is given one week time for filing the appeal. The Writ Petition is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) 21.10.2008 vs To 1 The Revenue Divisional Officer, Bhongir, Nalgonda District, 2 The Joint Collector, Nalgonda District, 3 2CCs to G.P for Civil Supplies, High Court of A.P., Hyderabad. 4 2CD copies Form-NIC-OGS/WP{VSMI}