IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 22512 of 2004 Between: K.Pandu Ranga Rao S/o.Kotaiah F.P.Shop Dealer, r/o 12-21-95/1,Satish Road, Prakash Nagar,Narasaraopet, Guntur Dist. ..... PETITIONER AND 1 The Joint Collector, Guntur, Guntur Dist. 2 The Revenue Divisional Officer Narasaraopet, Guntur Dist. 3 The Mandal Revenue Officer Narasaraopet, Guntur Dist. .....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 a writ, order or direction one in the nature of Writ of Mandamus declaring the order of the 1st respondent herein in Appeal Case No58/2004-S7 dt 28-11-2004 as illegal, void, arbitrary and unjust and consequently direct the respondents to continue the petitioner as F.P. Shop dealer of 12th ward, Narasaraopet, Guntur Dist, pending disposal of the appeal of the petitioner before the 1st respondent. Counsel for the Petitioner: MR.SINGAMSRINIVASA RAO Counsel for the Respondent Nos.1 to 3: GP FOR CIVIL SUPPLIES The Court, at the stage of admission, made the following: Oral order: The dealership of the petitioner in respect of a Fair Price Shop was suspended by the 2nd respondent through the order dated 27-10-2004. Aggrieved thereby, the petitioner preferred an appeal together with an application for grant of stay. The 1st respondent rejected the stay petition through his order dated 28-11-2004. Hence this writ petition. Learned counsel for the petitioner submits that the dealership of the petitioner was suspended on the basis of an allegation made by some of the alleged card holders and no notice has been issued to him either at the time of conducting inquiry or before suspension of dealership. He also contends that except stating that the grounds are not satisfactory, the 1st respondent did not state any reason for rejecting the application for stay. Learned Government Pleader for Civil Supplies, on the other hand, submits that the allegations made against the petitioner are grave in nature and the 1st respondent has exercised the discretion to reject the stay petition. The dealership of the petitioner is suspended on the basis of a representation said to have been made by Smt. Patan Bi and some others. The allegations against the petitioner are that he is not directly involved in distribution of essential commodities, selling essential commodities benami at higher rates, that the commodities are being sold only for two or three days in a month and that the measurements are not proper It is not as if the distribution of commodities by a Fair Price Shop dealer is a one time affair. The functioning of Fair Price shop is monitored by the authorities of the Civil Supplies department from time to time. If any irregularity is noticed in conducting the shop, the same is required to be pointed out by them and if the dealer still persists in such irregularities, necessary action will certainly take place. The allegations against the petitioner are almost general in nature. Unless they are properly verified and found to be proved, the petitioner cannot be penalized and disabled from functioning. The 1st respondent did not refer to any of the explanation offered by the petitioner. Hence the writ petition is disposed of directing that the petitioner shall be entitled to function as Fair Price Shop Dealer till the 1st respondent passes orders in the appeal. The writ petition is accordingly disposed of. No costs. ____________________________ L. NARASIMHA REDDY, J Dt. 07-12-2004 Pvks/* Nb: Furnish c.c. in three days. B/o pvks. To 1 The Joint Collector, Guntur, Guntur Dist. 2 The Revenue Divisional Officer Narasaraopet, Guntur Dist. 3 The Mandal Revenue Officer Narasaraopet, Guntur Dist. 4.2CCs to the Government Pleader for Civil Supplies, A.P. High Court Buildings, Hyderabad (OUT). 5.2CD copies Form-NIC-OGS/WP{MVK}