IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.18712 OF 2009 Between : Shaik Saida .... Petitioner A N D 1. The Joint Collector 2. The Revenue Divisional Officer. 3. The Tahsildar 4. The Deputy Tahsildar …Respondents THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.18712 OF 2009 O R D E R: Heard both sides. 2. The writ petition is filed for a writ of mandamus declaring the inaction of the respondents in restoring the petitioner as Fair Price Shop Dealer of Kistapur Village, Mellacheruvu Mandal, Nalgonda District in view of the Judgment, dated 22.10.2008, passed by the 1st respondent as arbitrary, illegal and against the principles of natural justice and consequently to direct the respondents to restore the petitioner, forthwith, as Fair Price Shop Dealer of Kistapur Village, Mellacheruvu Mandal, Nalgonda District and pass such other suitable orders. 3. The counsel for the writ petitioner had drawn the attention of this Court to the order made by the Joint Collector, Nalgonda, dated 22.10.2008, which is observed as hereunder. “ I have carefully considered the explanation of the respondent and gone through the connected records. The explanation of the respondent regarding variations in rice stock is convincing as he has produced the receipt obtained from the Head Master in token of receipt of 3-68 Qtls. of MDMS rice, but the dealer is not supposed to distribute rice to the cardholders without coupons and he has to produce all the coupons to the inspecting authority at the time of inspection itself and it is the prime duty of the dealer to maintain records by entering the sales particulars in the register. A penalty of Rs.10,000/- (Rupees ten thousand only) is imposed on the dealer for the above irregularities. The Tahasildar Mellacheruvu is directed to remit the penalty amount under “MH 1456 CIVIL SUPPLIES, 800 OTHER RECEIPTS, 81 OTHER ITEMS. (DDO CODE 1901 2301 001) and return the sale proceeds to the respondent under proper acknowledgment and send the acknowledgment along with original challan to the office of the District Supply Officer, Nalgonda immediately.” 4. Though several submissions were made by the learned counsel for the petitioner, the learned Government Pleader for Civil Supplies states that the very fact that the penalty had been imposed would not come to the path to the petitioner automatically for restoration of the authorization the same may further be considered individually by the second respondent – Revenue Divisional Officer, Suryapet, Nalgonda District. 5. However, it is stated by the learned counsel for the writ petitioner that the penalty of Rs.10,000/- (Rupees ten thousand only) had been imposed; the same had been duly paid and despite it non restoring the petitioner as Fair Price Shop dealer is unjust. 6. In the light of the facts and circumstances, this Court is of the considered opinion that the writ petition be disposed of directing the second respondent - Revenue Divisional Officer, Suryapet, Nalgonda District, to consider the case of the petitioner for restoration as the Fair Price Shop in accordance with law, keeping in view the deposit of penalty of Rs.10,000/- which had been already made by the petitioner as directed by the first respondent – Joint Collector, Nalgonda District, within a period of four weeks from the date of receipt of a copy of this order. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ P.S. NARAYANA, J. February 08, 2010. YVL