THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7726 of 2010 19.04.2010 Between: P.Meera Bai ….Petitioner AND The Joint Collector, Sanga Reddy District, At Medak District and others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7726 OF 2010 ORDER: The petitioner was appointed as dealer of Fair Price Shop (FPS) of Kushnoor village of Raikode Mandal in Medak District. She is alledgedly resident of said village and discharging her duties and functions without any complaint. Second respondent initiated action against her under clause 5(5) of Andhra Pradesh State Public Distribution System (Control) Order, 2008 (Control Order). Three charges were framed against her. They are: (i) the petitioner is not residing in the village for the last four years and she is residing at Bidar in Karnataka State; (ii) during the inspection period, it was found that one Sri Ch.Shivakumar was running the FPS for over two months; and (iii) that the petitioner was not having valid authorization, in that authorization which was renewed upto 31.3.2009, later it was not renewed and the same was pending before Revenue Divisional Officer (RDO). A show cause notice was issued. Petitioner submitted explanation on 02.12.2009. Authorisation was also suspended on 12.11.2009. She challenged the same in W.P.No.26181 of 2009. This Court disposed of the said writ petition on 02.12.2009 directing second respondent to complete enquiry within four weeks from the date of the order, in default of which, to restore petitioner’s authorization. Second respondent issued final orders on 02.03.2010 holding the charges as proved and cancelled the authorization. The petitioner then preferred an appeal before District Collector (CS)/Joint Collector, Medak. She also filed an application for stay of the order of the disciplinary authority. Her stay application was rejected on 02.03.2010. This Court heard counsel for petitioner and Assistant Government Pleader for Civil Supplies. The petitioner has annexed release orders for the months of August, September and October, 2009, probably to show that she alone supplied essential commodities to cardholders. No evidence is placed before this Court to dispel the allegation that she is not resident of Kushnoor village. Under the Control Order, one of the essential qualifications is that FPS dealer must be resident of the same village. The allegation that petitioner is residing in Bidar, Karnataka State is serious enough to warrant not to stay the order of cancellation. First respondent has considered the background of the fact in correct perspective and this petition for judicial review does not lie. The writ petition is therefore dismissed. _______________ (V.V.S.RAO, J) 19.04.2010 Pln