THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.26402 of 2009 ORDER: Petitioner has been appointed as a fair price shop dealer of Remidicherla Village, Bollapalli Mandal, Guntur District, for distribution of essential commodities. On certain allegations, proceedings were initiated for cancellation of his authorisation. At the first instance, after conducting enquiry, his fair price shop authorisation was suspended by the second respondent – Revenue Divisional Officer, Narasaraopeta, Guntur District, through his order, dated 23.10.2009, passed in proceedings bearing Rc.No.1079/2009-CSDT. A perusal of the impugned order indicates that against the petitioner, there are certain proven allegations, namely, he has recorded entries as if he distributed essential commodities to the cardholders, Smt. Pasuupuleti Govindamma, and Sri A.Nagaiah, without distributing the same to them, and he has not maintained required books as per the statutory Control Order. A reference is made to the earlier order, in which, he was cautioned by imposing a penalty of Rs.3,000/-. While issuing notice before admission, this Court by order, dated 03.12.2009, passed interim order suspending the impugned order. Along with an application for vacating the said interim order, a detailed counter-affidavit is filed. Apart from various averments in the counter-affidavit, it is averred that there is a right of appeal to the Joint Collector against the order of Revenue Divisional Officer cancelling fair price shop authorisation. As per the provisions of the Andhra Pradesh Public Distribution System Control Order, 2008, against the order passed by the Revenue Divisional Officer, there is a right of appeal to the Joint Collector and further revision to the District Collector. Even with reference to the allegations, which were levelled against the respondents, as mentioned in the affidavit filed in support of this writ petition, the petitioner can as well raise the same before the appellate authority. There appears no reason for the petitioner in approaching this Court straightaway bypassing the remedies available under the Control Order itself. In that view of the matter, I deem it appropriate to permit the petitioner to file appeal against the impugned order, before the Joint Collector within a period of six (6) weeks from today. If any such appeal is filed, the appellate authority shall receive the same without raising any objection with regard to limitation, and consider it on merits. As this Court granted interim order as early as on 03.12.2009, I deem it appropriate to continue the said interim order for a period of six (6) weeks from today. Subject to the above observations, the writ petition is disposed of. It is needless to observe that the appellate authority shall give an opportunity of hearing to the petitioner before disposal of the appeal to be filed by him. No order as to costs. _______________________ R.SUBHASH REDDY, J 4th OCTOBER, 2010. Note: issue c.c. in three (3) days. kvni