THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.235 of 2010 05.03.2010 Between: M.Yadaiah ….Petitioner AND The Revenue Divisional Officer, Chevella Division, And another …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.235 OF 2010 ORDER: The petitioner is a fair price shop (FPS) dealer of shop No.21 of Fathepur Village, Shankarpally Mandal, Ranga Reddy District. It appears on 19.12.2009, the Mandal Revenue Inspector of locality conducted inspection of the petitioner’s shop. Based on the same, second respondent sent a report vide letter No.C/51/2009, dated 21.12.2009 to the first respondent. In the said letter, the second respondent alleged that the petitioner sold seven litres of kerosene oil to private persons in plastic container. The petitioner alleges that the first respondent did not pass any order against him but, in spite of the petitioner complying with the procedure for lifting the monthly quota of essential commodities for distribution to cardholders and in spite of issue of release orders, second respondent did not permit to lift the essential commodities from the godown. Therefore, he filed instant writ petition on 12.01.2010 ineffect seeking a direction to respondents to supply essential commodities to petitioner’s shop FPS No.21. This Court, on 19.01.2010, while ordering notice suspended the endorsement of first respondent on the letter of the second respondent. The endorsement is to the effect that, “suspend the dealer and issue show cause notice”. The third respondent who is impleaded as party respondent today also filed vacate stay application inter alia stating that the petitioner was already suspended by first respondent vide proceedings No.E/29/2010, dated 07.01.2010. A copy of the proceedings is placed before this Court. However, learned counsel for petitioner submits that it is served on 02.02.2010. After hearing learned counsel for petitioner, Government Pleader for Civil Supplies and counsel for impleaded respondent, this Court is convinced that second respondent did not permit the petitioner to lift essential commodities for January, 2010 as per the orders vide endorsement made by first respondent on letter of the second respondent. Be that as it is, by reason of the interim orders passed by this Court on 19.01.2010, it appears for the months of January and February, 2010, the petitioner was permitted to lift the stocks and distribute the same to cardholders. Today, the counsel for petitioner has placed before this Court Sales Register for shop FPS.No.21, Fathepur, showing that till today the petitioner supplied essential commodities to the cardholders. Keeping this in view, this Court observes that the petitioner may be allowed to distribute balance of essential commodities only for the month of March, 2010. He is also given liberty to prefer an appeal before the Joint Collector against the order of suspension dated 07.01.2010 and seek appropriate interim orders. As and when such appeal is filed and interim orders are sought, the Joint Collector shall decide the matter independently without being influenced by any of the observations made hereinabove. The writ petition is accordingly dismissed. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 05.03.2010 Pln Note: Issue C.C. by 08.03.2010. (By order) pln