IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.13137 of 2009 Between: B. Ramadevi, W/o. Eswaraiah, R/o. Gantapuram Mandal, Ananthapur District. ..... PETITIONER AND 1 The Tahsildar, Bathalapalli Mandal, Ananthapur District. 2 The Revenue Divisional Officer, Dharmavaram, Ananthapur District. .....RESPONDENTS Counsel for the Petitioner:MR.V.V.ANIL KUMAR Counsel for the Respondents:AGP FOR CIVIL SUPPLIES The Court made the following : ORDER: This writ petition is filed for a mandamus to set aside order, dated 03.06.2009 of respondent No.1 whereby he suspended the petitioner’s authorization of Gantapuram Fair Price Shop, Bathalapalli Mandal, Anantapur District. Heard Sri V.V.Anil Kumar, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies for the respondents. The petitioner’s fair price shop was inspected on 03.06.2009 by a team of officials. It was allegedly found during the inspection that out of five commodities, the petitioner was selling three commodities, namely, sugar, kerosene oil and redgram dall at higher rates than prescribed. The team also allegedly found that the petitioner is distributing kerosene oil only on one day in a month causing inconvenience to the consumers. On the basis of these allegations, respondent No.1 by his order, dated 03.06.2009, placed the fair price shop authorization of the petitioner under suspension. The petitioner filed an appeal before respondent No.2. She also filed an application for stay in the said appeal. Respondent No.2 by his order, dated 10.06.2009, rejected the stay application on the ground that the irregularities allegedly committed by the petitioner are grave in nature. As noted above, the ground on which the petitioner’s fair price shop authorization was suspended was that she is selling three commodities at higher rates and distributing the kerosene oil only on one day. Indubitably, a fair price shop dealer is required to function strictly in accordance with the terms and conditions of the authorization and the Control Order governing his/her functioning. Any misconduct on the part of the dealer causes serious prejudice to public interest. However, while taking disciplinary action, the authorities are required to exercise proper discretion. While existence of power is one thing, its exercise is quite a different thing. Looking to the nature of the allegations, while selling commodities at higher price is certainly a serious charge, such alleged conduct is not so grave as to warrant immediate suspension of the authorization of the fair price shop dealer, more so, the prices at which the petitioner allegedly sold the above mentioned three commodities are marginally higher than the prescribed prices, namely, sugar at Rs.14/- as against Rs.13.50 ps, kerosene oil at Rs.10/- as against Rs.9.75 ps and red gram dall at Rs.32/- as against Rs.30/-. While no latitude can be shown for such a conduct, even this allegation is yet to be established. Similarly, the allegation that the petitioner was distributing kerosene oil only on one day also requires to be enquired into. If the said allegation was found correct, the dealer can always be cautioned to take corrective steps and function in accordance with the terms and conditions of the authorization and the instructions issued from time to time. In my considered view, suspension of the petitioner’s fair price shop authorization on the above grounds even before an enquiry is conducted is not warranted. For the above-mentioned reasons, the writ petition is allowed and the impugned order is set aside. Respondent No.2 is directed to hold a detailed enquiry into the allegations against the petitioner. The findings given above are intended only for the disposal of this writ petition and they shall not be understood as this Court exonerating the petitioner. Uninfluenced by the above observations, respondent No.2 shall hold an enquiry. C.V.NAGARJUNA REDDY, J 3rd JULY, 2009. kvni