IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.2634 of 2009 Between: M. Lakshminarayana S/o. Raghavaiah R/o. Kotapadu Village, Chatrai Mandal, Krishna District. ..... PETITIONER AND The Tahsildar, Chatrai, Chatrai Mandal, Krishna District. .....RESPONDENT 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 more in the nature of Writ of Mandamus declaring the action of the respondent by proceedings No.RCB/206/2008 dated 21.11.2008 by suspending the authorization of the petitioner's Fair Price Shop of Katapadu Village, Chatrai Mandal, Krishna District as null and void. Counsel for the Petitioner:MR.V.H.V.R.R.SWAMY Counsel for the Respondent: GP FOR CIVIL SUPPLIES The Court made the following : ORDER: This writ petition is filed seeking a mandamus declaring the action of the respondent in issuing proceedings No.RCB/206/2008, dated 21.11.2008 suspending the authorization of the petitioner for running a fair price shop at Kotapadu Village, Chatrai Mandal, Krishna District, as arbitrary and illegal. It appears, the petitioner is the fair price shop dealer of Kotapadu Village, Chatrai Mandal, Krishna District. While that being so, the authorization held by him was suspended by the respondent as a measure of punishment. The Tahsildar has no jurisdiction to pass any final order inflicting punishment on a fair price shop dealer suspending the authorization held by him. At the most, he has the power to suspend the authorization of a fair price shop dealer for a period of 90 days, pending enquiry. In the instant case, the respondent issued proceedings, dated 21.11.2008 suspending the authorization of the petitioner, which is not permissible under the law. Therefore, the impugned proceedings are ex facie illegal and liable to be set aside. In view of the above, the writ petition is allowed and the impugned proceedings issued by the respondent are hereby set aside. The petitioner shall be allowed to run the fair price shop as usual. However, this will not preclude the respondent authorities from taking appropriate action as per law. No costs. ________________ C.V.RAMULU, J 12th FEBRUARY, 2009. Note: issue c.c. in three (3) days. B/o kvni