HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 18035 OF 2009 ORDER: The petitioner society, the dealer of fair-price shop No.15 of Ponnalur village, Prakasham District, filed this case aggrieved by the action of the respondent authorities in not supplying it essential commodities for distribution to its cardholders. By order dated 11.09.2009, this Court directed the authorities to supply essential commodities to the petitioner society for distribution pending disposal of the writ petition. WVMP.No.2560 of 2010 is filed by the respondent authorities to vacate the above order. 2. With the consent of the learned counsel the main writ petition is taken up for disposal. 3. The counter filed by the Revenue Divisional Officer, Kandukur, in support of the vacate stay petition demonstrates that on the basis of an inspection of the petitioner society’s fair-price shop, said to have been conducted on 13.08.2009, the Revenue Divisional Officer, Kandukur, issued proceedings on 21.08.2009 suspending the dealer’s authorization pending a detailed enquiry. It is further stated that a show cause notice was issued on 29.08.2009 in this regard. 4. Perusal of the suspension proceedings dated 21.08.2009 however reflects that the dealership of one Mandava Bulli Babu in respect of the fair- price shop No.15 of Ponnalur village was kept under suspension thereby. Admittedly, the petitioner society is the authorized dealer of the subject fair- price shop and not Bulli Babu. This mistake in the suspension proceeding is sought to be explained by the Revenue Divisional Officer, Kandukur, in his counter by stating that it was a ‘mistake of fact’. This carelessness on the part of the authority while discharging statutory functions which have adverse civil consequences reflects appalling irresponsibility and lack of regard towards the office. The petitioner society further denies receipt of any show cause notice with regard to an enquiry into the matter. 5. Further, there is no indication in the counter that any enquiry was independently initiated against the petitioner society. That being so, in the light of the order passed by this Court on 11.09.2009, whereby the petitioner society is presently continuing as the authorized dealer of the subject fair- price shop, this Court is of the opinion that the respondent authorities, having failed to discharge their statutory functions with due diligence, cannot be permitted to take advantage of the same at this late stage by initiating an enquiry afresh against the petitioner society. 6. The writ petition is accordingly disposed of with the above observation. No order as to costs. _______________ SANJAY KUMAR, J June 23, 2011 SP HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 18035 OF 2009 June 23, 2011 SP