IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO:27300 OF 2008 DATED:2.11.2010 Between: Gatika Kashiram .....PETITIONER AND 1 The Revenue Divisional Officer & another. .....RESPONDENTs This Court made the following : THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO:27300 OF 2008 ORDER: The petitioner is a Fair price shop licence holder in respect of Shop No:2 of Jalalpur village, Varni Mandal, Nizamabad District. On a complaint said to have been received from one Tagelepalli Gangadhar, s/o Sailu, resident of Khunipoor village that the petitioner was issuing lesser quantity of rice, the Deputy Tahsildar and the Revenue Inspector, Varni Mandal inspected the shop on 5.10.2008 and prepared a report after enquiring the said Gangadhar and other villagers who were allegedly present at the time of inspection. The Inspecting Officers found 0.16 quintals of rice as excess. The stock was seized under the cover of a panchanama. The 1st respondent herein based on the report of the Tahsildar to the above effect, suspended the licence of the petitioner by orders dated 10.12.2008 in File No:E1/2843/2008. Aggrieved by this order, the petitioner has filed this writ petition. It is the case of the petitioner that the 1st respondent has straightaway accepted the report dated 5.12.2008 of the 2nd respondent without considering whether the suspension pending enquiry was required and whether the impugned order was voilative of principles of natural justice. It is further contended that there is absolutely no material to allege that the petitioner was diverting the rice in the black market and in fact, he has been supplying the commodities for several years without any complaint. The Revenue Divisional Officer-1st respondent herein has filed counter reiterating that the licence has been suspended pending enquiry on the basis of the report of the 2nd respondent herein and that the impugned order has been passed only after perusing the said report, which discloses that the petitioner was distributing the rice in lesser quantity. I am not inclined to adjudicate the matter on merits whether the petitioner has committed the irregularity alleged against him and thus contravened the provisions of A.P. State Public Distribution System (Control) Order, 2001. Even according to the respondents, show cause notice in reference No:E1/2848, dated 8.12.2008 has already been served on the petitioner on 12.12.2008 with a direction to submit his explanation within a period of seven (7) days from the date of receipt. That being so, the petitioner would submit his explanation, upon which the respondents are at liberty to pass appropriate orders. This Court while admitting the writ petition by order in W.P.M.P.No:35774 of 2008 dated 16.12.2008 suspended the operation of the impugned order to enable the petitioner to continue to run the shop. Having regard to the fact that the show cause notice has already been given to the petitioner and eventually, the enquiry thereon would be conducted, I deem it appropriate to direct the 1st respondent to complete the enquiry, if not already completed and pass appropriate orders as early as possible preferably within a period of eight (8) Weeks from the date of receipt of a copy of this order. The petitioner is also at liberty to file his explanation, if not already filed, within a period of two (2) Weeks from today. It is further directed that the interim order granted in W.P.M.P.No:35774 of 2008, dated 16.12.2008 shall continue till the disposal of the enquiry. The writ petition is disposed of as above. No order as to costs. ________________ Justice Noushad Ali Date:2.11.2010. gurc THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO:27300 OF 2008 2nd November, 2010