THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26112 of 2009 DATE:02.12.2009 Between: Doppa Lingayya ... Petitioner and The District Collector, Srikakulam District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26112 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the proceedings of the 3rd respondent in Rc.No.1484/2009/L dated 16.11.2009 suspending his authorisation without issuing any show cause notice, as illegal and arbitrary. 2. The facts of the case, in brief, are that the pettioner is the fair price shop dealer of Jadupudi Village, Kanchili Mandal, Srikakulam District. On 13.11.2009 the 3rd respondent inspected his fair price shop and, having found certain irregularities, directed the 4th respondent to conduct a detailed enquiry. Accordingly, the 4th respondent conducted enquiry and submitted a report on 13.11.2009. Pursuant thereto, the 3rd respondent suspended the authorisation of the petitioner, pending enquiry. The same is questioned in this writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. 4. The main contention of the learned counsel for the petitioner is that the 3rd respondent passed the order impugned in this writ petition without issuing any show cause notice. This aspect has already been dealt with in number of cases wherein this Court observed that when it is by way of an interim measure, no notice need be given and the said order can be passed by the Revenue Divisional Officer concerned. When an order of suspension is passed as substantive punishment, then only an enquiry etc. are required. As the impugned order clearly speaks that it is pending enquiry, this Court is of the view that the 3rd respondent is perfectly justified in passing the said order. 5. Further, against an order of this nature, the petitioner has an alternative and efficacious remedy of filing an appeal before the appellate authority. For this reason also, this Court is not inclined to entertain this writ petition. 6. However, in view of the facts and circumstances of the case and as the learned counsel for the petitioner has submitted that the petitioner will face the enquiry, the 3rd respondent is hereby directed to complete the enquiry, at the earliest, preferably, within a period of six (6) weeks from the date of receipt of a copy of this order. In the event of his failure to complete the enquiry within the stipulated time, the authorisation of the petitioner shall be restored and the essential commodities shall be supplied to his fair price shop so as to enable him to distribute the same to the cardholders, pending enquiry. 7. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 2nd December, 2009 Note: Furnish C.C. by three days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26112 of 2009 (Disposed of) 2nd December, 2009 Note: Furnish C.C. by three days. (b/o) CBS