THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16977 of 2009 DATE: 18.08.2009 Between: Adepu Satish Kumar ... Petitioner and The Revenue Divisional Officer, Karimnagar District and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16977 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 2nd respondent in seizing rice from his fair price shop No.2837 situated at Korutla town, Karimnagar District, under cover of panchanama dated 04.07.2009, as illegal and arbitrary, and consequently, to direct the respondents to release the seized stock. 2. The facts of the case, in brief, are that the petitioner was appointed as a fair price shop dealer in respect of shop No.2837 of Korutla town, Karimnagar District in the year 2001. On 04.07.2009 a team of Revenue Divisional Officer, Jagtial Division, Karimnagar District has inspected the shop of the petitioner, having found that the petitioner is diverting the stock of rice to the black-market and running the shop other than the premises shown in the authorisation, seized the available stock of 96 quintals of rice, and registered a case against him, under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act'). Subsequently, in pursuance of a report of the Assistant Supply Officer, Jagtial Division, dated 07.07.2009, the Revenue Divisional Officer, Jagtial division - 1st respondent has suspended the authroisation of the petitioner, by proceedings No.G/1027/2009, and also issued a show cause notice calling upon him to show cause as to why his authorisation should not be cancelled and submit his explanation within a period of seven days from the date of receipt of the said notice. Aggrieved by the same, the petitioner filed this writ petition. 3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has submitted that passing of order suspending the authorisation of the petitioner and issuing of show cause notice to him by the 1st respondent on the same day, without giving any opportunity, is nothing but arbitrary and violative of principles of natural justice, that though the petitioner filed a detailed explanation before the 1st respondent on 22.07.2009 seeking to drop the show cause notice issued on him and restore his authorisation, the 1st respondent has not passed any order thereon, and therefore, prays to allow this writ petition. 5. Having considered the submissions made by both the learned counsel and taking into consideration the fact that the petitioner filed a detailed explanation before the 1st respondent on 22.07.2009, this Court is of the view that this writ petition can be disposed of with a direction to the 1st respondent to hold an enquiry into the allegations made against the petitioner. 6. Accordingly, this writ petition is disposed of directing the 1st respondent to hold an enquiry into the allegations made against the petitioner and complete the same, within a period of four (4) weeks from the date of receipt of a copy of this order. If the said enquiry is not completed within the stipulated time, the authorisation of the petitioner shall be restored and he shall be permitted to distribute the essential commodities to the cardholders of F.P. Shop No.2837 of Korutla village. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 18th August, 2009 NOTE; Furnish CC by three days. B/o CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16977 of 2009 (Disposed of) 18th August, 2009 NOTE; Furnish CC by three days. B/o CBS