IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 17658 of 2008 Between: G.Ch.B.V.K.Varma S/o.Krishna Murthy Raju R/o.Chollangipeta Village, Denkada Mandal, Vizianagaram District. ..... PETITIONER AND 1 The District Collector, Vizianagaram District. 2 The Joint Collector (FAC) Vizianagaram District. 3 The Revenue Divisional Officer, Vizianagaram. 4 The Tahsildar, Denkada Mandal, Vizianagaram District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents in seeking to appoint permanent dealer in respect of Fair Price Shop of Chollangipeta Village, Denkada Mandal, Vizianagaram District, pending consideration of the enquiry initiated against the petitioner pursuant to the suspension order passed by the 3rd respondent dated 31.12.2007 and further declare the order of suspension and the conﬁrmation orders dated 12.07.2008 and 25.03.2008 passed by the 1st and 2nd respondents in the appeal and revision respectively, as arbitrary, illegal, violative of the principles of natural justice, non- application of mind to the relevant facts, contrary to the A.P.State PDS (Control) Order, 2001 and violative of the Fundamental Rights guaranteed under Articles 14 and 19 of the Constitution of India and consequently direct the respondents to complete the enquiry within a reasonable period and pass such other order or orders. Counsel for the Petitioner: MR.C.V.R.RUDRA PRASAD Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 17658 of 2008 O R D E R: The petitioner herein is the authorized dealer of the fair price shop of Chollangipeta Village, Denkada Mandal, Vijayanagaram District. His authorization was suspended pending enquiry vide proceedings of the Revenue Divisional Oﬃcer, Vijayanagaram dated 31-12- 2007 alleging various irregularities in distribution of essential commodities. Though the petitioner preferred an appeal, the same was dismissed by the Joint Collector and Additional District Magistrate, Vijayanagaram on 25- 03-2008. The further revision preferred by the petitioner before the Collector and District Magistrate Vijayanagaram also ended in dismissal by order dated 12-07-2008. Hence, this writ petition seeking a declaration that the order of suspension pending enquiry as conﬁrmed on appeal and revision is arbitrary and illegal. The petitioner also seeks a declaration that the alleged action of the second and third respondents in seeking to appoint a permanent dealer in respect of the fair price shop in question is arbitrary and illegal. Having heard learned counsel for the petitioner as well as the learned Government Pleader for civil supplies appearing for the respondents and having perused the material on record, I do not ﬁnd any justiﬁable reason to interfere with the order of suspension pending enquiry as conﬁrmed by the appellate and revisional authorities. However, in view of the fact that the proceedings are pending for the past more than 8 months, I deem it appropriate to dispose of the writ petition with a direction to the third respondent to complete the enquiry initiated against the petitioner and pass appropriate orders following due process of law as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. It is made clear that the third respondent shall proceed with the enquiry independently without being inﬂuenced by any of the observations/ﬁndings recorded either in the order of suspension pending enquiry dated 31-12-2007 or the orders passed by the appellate and revisional authorities dated 25-03-2008 and 12-07-2008 respectively. There shall also be a direction to the respondents not to take any steps for appointment of a permanent dealer, in the meanwhile. The writ petition is accordingly disposed of. No costs. ______________ G. ROHINI,J Date: 04-09-2008 KLP