THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15825 of 2009 DATE:04.08.2009 Between: Batchu Venkateswararao ... Petitioner and The Tahsildar, Civil Supplies Division, T.Narasapuram (M), W.G.Dt. And two others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15825 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 2nd respondent in suspending his authorisation in respect of fair price shop No.1 of T.Narsapuram, West Godavari District, vide proceedings in ROC 1038/2009/C, dated 24.07.2009, as illegal and arbitrary. 2. The brief facts are that the petitioner is a fair price shop dealer in respect of Shop No.1 situated at T.Narasapuram, West Godavari District. The Tahsildar, T.Narasapuram Mandal, West Godavari District - 1st respondent, by proceedings in ROC.183/2009, dated 17.07.2009, reported to the Revenue Divisional Officer, Eluru - 2nd respondent, that the petitioner has committed certain irregularities. Pursuant thereto, the Revenue Divisional Officer, West Godavari District - 2nd respondent has issued a show cause notice to the petitioner, by proceedings in ROC.1038/2009/C, dated 24.07.2009, to show cause as to why disciplinary action should not be initiated against him, within seven days from the date of receipt of the said notice, and on the even date, he has also kept his authorisation under suspension, pending disciplinary action. Basing on the proceedings of the 2nd respondent, the 1st respondent has appointed the 3rd respondent as the Incharge dealer for fair price shop No.1 of T.Narsapuram and also directed him to distribute the essential commodities to the card holders, by proceedings in ROC No.183/2009, dated 01.08.2009. The same is challenged in this writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. 4. According to the learned counsel for the petitioner, the 2nd respondent having issued a show cause notice, by proceedings in ROC.No.1038/2009/C, dated 24.07.2009, calling for the explanation of the petitioner, ought not to have kept his authorisation under suspension, and even before the petitioner offered his explanation, the 1st respondent passed the impugned order dated 01.08.2009 appointing the 3rd respondent as incharge dealer for fair price shop No.1 of T.Narasapuram and directing him to distribute the essential commodities to the card holders. 5. May be it is true that both the proceedings i.e. the show cause notice issued by the 2nd respondent to the petitioner calling upon his explanation and also the order passed by the 2nd respondent keeping his authorisation under suspension, are of even date i.e. 24.07.2009. Further, the 2nd respondent, by his proceedings dated 24.07.2009, directed the 1st respondent to place a nearest fair price shop dealer as incharge of fair price shop No.1 of T.Narasapuram to avoid inconvenience to the cardholders, and accordingly, the 3rd respondent was appointed as incharge fair price shop dealer. Therefore, I do not find any irregularity in the above procedure adopted by the authorities. 6. Having considered the submissions made by both the learned counsel and taking into consideration the facts that the authorisation of the petitioner is under suspension and the petitioner has an alternative remedy of appeal, the petitioner is hereby directed to approach the appellate authority i.e. the Joint Collector, West Godavari District, and submit an appeal, within a period of three weeks from today. On such presentation of appeal, the Joint Collector, West Godavari District, may decide the same and pass necessary orders, within a period of six weeks thereafter. 7. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 4th August, 2009 NOTE: Furnish CC by one week. (b/o) cbs THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15825 of 2009 (Disposed of) 4th August, 2009 NOTE: Furnish CC by one week. (b/o) cbs