HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21783 of 2008 Date : 07.09.2011 Between : K. Prabhakar Naidu. …..Petitioner And The Tahasildar, Mudigubba Mandal. …..Respondent HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21783 of 2008 ORDER : The petitioner is a fair price shop dealer of Shop No.17 in S.Bramhanapalli village of Mudigubba Mandal in Anantapur District. In this writ petition, he has questioned the order, dated 16th August 2008, passed by the respondent-Tahasildar in Proceedings R.C.No.190/2008/B, by which, his authorization is suspended. A perusal of the impugned order indicates that it is passed by merely stating that the Vigilance and Enforcement officers, along with the Mandal Revenue Inspector-I, Mudigubba Mandal, have surprised the shop of the petitioner on 16th August 2008, and seized 40 litres of kerosene oil and 55 kilograms of sugar in the premises of fair price shop and a case was registered against the petitioner under Section 6-A of the Essential Commodities Act, 1955. It is also stated in the order that on such inspection, grave irregularities were noticed, and hence, stocks were seized and a case was booked against the petitioner under Section 6-A of the Essential Commodities Act. On the aforesaid ground, the petitioner’s authorization was suspended. In this writ petition, it is the case of the petitioner that no valid reasons have been assigned in the impugned order, for suspending his authorization and the impugned order is a politically motivated one. At the stage of admission, this Court granted interim order on 30th of September 2008, and the same was also made absolute by order dated 28th January 2009, by dismissing the vacate petition filed by the respondents. I have perused the order of suspension passed by the Tahasildar. Except referring to registration of case against the petitioner under Section 6-A of the Essential Commodities Act and seizure of stocks, not even a single reason is recorded for suspension of petitioner’s authorization. The Tahasildar is empowered to suspend the authorization only for a limited period as per the A.P. Public Distribution System (Control) Orders, but no suspension order could have been passed without recording any reason. Mere registration of case under Section 6-A of the Essential Commodities Act, is no ground for suspension of authorization granted under the A.P. Public Distribution System (Control) Order, 2008. On this short ground, the impugned order is liable to be set aside. Accordingly, the writ petition is allowed and the order, dated 16th August 2008, passed by the respondent- Tahasildar in Proceedings R.C.No.190/2008/B, is set aside. However, it is made clear that if there are any allegations against the petitioner, this will not preclude the authorities from conducting inquiry into such allegations and pass appropriate orders. No costs. ______________________ R. SUBHASH REDDY, J 7th September 2011 ajr