IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 11018 of 2008 Between: D. Rajeshwer S/o. Pedda Linganna R/o. Kankapoor Village, Post: Parimandal, Mandal: Laxmanchanda, Adilabad District. ..... PETITIONER AND 1 The Collector (Civil Supplies), Adilabad District, Adilabad. 2 The Revenue Divisional Officer, Nirmal Divisiona, Nirmal, Adilabad District. 3 The Mandal Revenue Officer, Laxmanchanda Mandal, Laxmanachanda, Adilabad District. 4 The Deputy Tahsildar, CS (Enf),, Laxmanchanda Mandal, Laxmanachanda, Adilabad District. .....RESPONDENT(S) 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 an order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ order or direction declaring the order passed by the respondent No.2 in Proc No. Rc.No.C/1102/2008 dated 20.04.2008 through which suspending the Fair Price shop dealership license granted in favour of the petitioner without issuing any showcause notice and without conducting any enquiry and pending the proceedings under the 6-A proceedings, is arbitrary, illegal, null and void and violative of Articles 14, 19 and 21 of the Constitution of India. Counsel for the Petitioner:MR.C.HARI PREETH Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.11018 of 2008 ORDER: It is the case of the petitioner that initially he was appointed as a Fair Price Shop dealer of Kanakapur village of Laxmanchanda Mandal with a validity period upto 31st March, 2007 and, thereafter, on a report filed by the 4th respondent-Deputy Tahsildar of Laxmanchanda Mandal, the 2nd respondent-Revenue Divisional Officer of Nirmal Division, without conducting any enquiry, without issuing any notice and without calling any explanation from the petitioner, had suspended his authorization vide proceedings in Ref.C/1102/2008, dated 20-04-2008. It is stated that even assuming that there is some variation in stocks, they are very trivial in nature and, therefore, the said suspension is illegal and unwarranted. Learned Government Pleader appearing for the respondents submits that against the suspension order, an effective alternative remedy of filing a statutory appeal is available before the Joint Collector and the petitioner, instead of availing the alternative remedy of appeal before the Joint Collector, has straight away approached this court and filed the present writ petition and, therefore, the very writ petition is liable to be dismissed on the ground of availability of alternative remedy. In the facts and circumstances of the case, without expressing any opinion on merits, I deem it appropriate to direct the petitioner to file an appeal against the impugned order before the Joint Collector within a period of four weeks from today, and, on filing such appeal, the appellate authority shall consider passing of any interim orders. Till such time, the order impugned shall stand suspended and the petitioner shall be continued as Fair Price Shop Dealer of Kanakapur village of Laxmanchanda Mandal. With the above direction, the writ petition is disposed of. No costs. ___________ 21-05-2008 Note: Issue CC in three days B/o Prv/v v ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 2CCs to 2CD copies