THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6331 of 2010 Dated:22.03.2010 Between: Raising Star Mahila Sakti Sangham. …Petitioner And The Government of A.P., Rep.by the Revenue Divisional Officer, Peddapuram, East Godavari District, And another. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6331 of 2010 ORDER: The petitioner is the dealer of Fair Price Shop No.11 of Mulagapudi Village, Rowthulapudi Mandal in East Godavari District. The petitioner’s authorization was suspended by proceedings dated 08.03.2010 on an allegation that the petitioner diverted 1.50 quintals of sugar to black market and that the same was not distributed to cardholders. On the same day a show cause notice was issued by the first respondent calling upon the petitioner to show cause as to why further action should not be taken as per the Andhra Pradesh State Public Distribution System (Control) Order, 2008 (Control Order). Aggrieved by the order of suspension, the present writ petition is filed. Sri S.A.Razack learned Counsel for the petitioner submits that as per Clause 5(5) of the Control Order and second proviso to Clause 5(7) of the Control Order an order of suspension must be preceded by a show cause notice. First respondent having issued a show cause notice on 08.03.2010 would not have passed the impugned order of suspension on the same day. According to the learned Counsel, it is a clear contravention of the Control Order. Countering the argument the learned Assistant Government Pleader for Civil Supplies relies on a Division Bench judgment of this Court in Joint Collector, Kurnool v. A.Neelima[1], wherein it was held that suspension pending enquiry is an incidental power, but suspension cannot be continued for a long time. Apart from the merits of the case with reference to the contention raised, indisputably, order of suspension is appealable under Clause 20 of the Control Order. As the petitioner has not availed the same, it is not proper for this Court to go into this matter. Liberty is given to the petitioner to file an appeal before the Joint Collector, East Godavari District. As and when the appeal is filed the Joint Collector shall immediately consider the same and pass appropriate interim orders if asked for and shall also dispose of the appeal within a period of four weeks from the date of presentation of the appeal. The Writ Petition with the above observations is accordingly dismissed. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 22.03.2010 Note: Issue C.C by 25.03.2010. B/o. vs [1] 1996 (1) APLJ 285