IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 9291 of 2005 Between: M.Lakshmanna, s/o Seenaiah, R/o Niruduppala Village, Gonegandla Mandal, Kurnool District. ..... PETITIONER AND 1 The Joint Collector, Kurnool. 2 The Revenue Divisional Officer, Adoni, Kurnool. 3 The Mandal Revenue Officer, Gonegandla Mandal, Adoni, Kurnool. .....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 to issue appropriate writ or direction more particularly in the nature of writ of mandamus directing the respondents to restore the Fair Price Shop dealership and pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: MR.VINAY KAMISETTY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9291 of 2005 ORDER: The petitioner is authorised Fair Price Shop (FPS) dealer of Niruduppala Village, Gonegandla Mandal, Kurnool District. The Revenue Divisional Oﬃcer (RDO), second respondent herein, on allegation that petitioner distributed public distribution (PDS) rice to the cardholders with less weighment and collected higher rates for kerosene, passed orders on 27.07.2004 suspending the authorisation. The petitioner preferred an appeal before the Joint Collector, ﬁrst respondent herein. By order dated 18.11.2004 ﬁrst respondent took a lenient view and restored authorization, while imposing ﬁne of Rs.500/-. Within a month thereafter it appears that a complaint was lodged by cardholders to the eﬀect that the petitioner is Vidya Volunteer receiving Honorium. Therefore, without any further notice, ﬁrst respondent reviewed his earlier order dated 18.11.2004 and upheld the order of RDO dated 27.07.2004 suspending the authorisation, while directing to make alternative arrangements in place of the petitioner for supply of essential commodities, by order dated 18.12.2004. Counter-aﬃdavit is ﬁled. The factual background is not denied. However, it is admitted that RDO did not pass any ﬁnal orders cancelling the authorisation but only passed suspension order. After hearing learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies, this Court is not able to upheld the impugned order of the Joint Collector for two reasons. First, the Joint Collector has no power to review his own order. Unless there is such statutory power, no public authority can exercise review power. Therefore, he could not have withdrawn his order dated 18.11.2004. Secondly, while passing the impugned order, the petitioner was not put on notice to explain with regard to the complaints made against him by cardholders. Lastly when the order appealed before him was only suspension order passed by RDO, curiously the Joint Collector proceeded as if it was cancellation of authorisation and directed RDO to make alternative arrangements in place of the petitioner. When suspension order was made by RDO, it was incumbent on the part of the Joint Collector to direct RDO to conduct enquiry. For the above reasons, the writ petition is allowed and the impugned order dated 18.12.2004 is set aside. The matter is remitted to second respondent with a direction to conduct enquiry and complete the same, if not already conducted and completed, within a period of two months from the date of receipt of a copy of this order, and if it is found that charges/allegations contained in suspension order dated 27.07.2004 passed by RDO are without basis, the petitioner shall be restored the authorisation. No costs. _____________ (V.V.S.RAO, J) 20th October, 2008 GHN To 1 District Collector, Visakhapatnam District Visakhapatnam. 2 Joint Collector, Visakhapatnam District, Visakhapatnam. 3 The Revenue Divisional Officer, Narsipatnam Visakhapatnam District. 4 The Mandal Revenue Officer Madugula (M) Visakhapatnam District. 5 2CCs to GP for Civil Supplies 6 2CD copies Form-NIC-OGS/WP{MPL}