THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16095 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the proceedings in Rc.A.355/2009, dated 13.07.2009, issued by the Revenue Divisional Officer, Nandyal, Kurnool District - 1st respondent rejecting the appeal filed by him, by confirming the order of suspension passed by the Tahasildar, Gadivemula Mandal, Kurnool District - 2nd respondent in proceedings No.Rc.97/09(B), dated 20.06.2009, as illegal and arbitrary, and consequently, to direct the respondents to restore his authorisation of fair price shop. 2. The brief facts of the case are that the 2nd respondent has inspected the fair price shop of the petitioner on 20.06.2009 and having found that there is variation of the stocks between book balance and ground balance, booked a case under Section 6-A(i) of the Essential Commodities Act 1955 (for short 'the Act'), suspended his authorisation by proceedings in Rc.B.97/09, dated 20.06.2009, and submitted a report to the Joint Collector, Kurnool District for 2 W.P.No.16095 of 2009, TGK,J necessary action. As against the said order of suspension, the petitioner preferred an appeal before the 1st respondent along with an application seeking stay of operation of the suspension of authorisation passed by the 2nd respondent. The 1st respondent rejected the said appeal on the ground that a case under Section 6-A(i) of the Act is pending before the Joint Collector, Kurnool District, by proceedings in Rc.No.A.355/2009, dated 13.07.2009. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has submitted that the petitioner was appointed as a fair price shop dealer of Ondulta village, Gadivemula Mandal, Kurnool District and for the last 20 years he has been supplying the essential commodities without any complaints from the card holders or from the revenue authorities, that the 2nd respondent, having inspected the fair price shop of the petitioner, without giving sufficient opportunity to submit his 3 W.P.No.16095 of 2009, TGK,J explanation or to produce the remaining coupons pertaining to the essential commodities supplied, suspended his authorisation of fair price shop, that without looking into the evidence produced by the petitioner, the 1st respondent rejected the appeal filed by him on the ground that proceedings under Section 6-A(i) of the Act are pending with the Joint Collector, Kurnool District, and that no notice is served on the petitioner by the Joint Collector, Kurnool about initiation of 6-A proceedings against him, and therefore, the petitioner filed this writ petition. 5. Having considered the submissions made by both the counsel and in view of the fact that the proceedings under Section 6-A(i) of the Act are pending with the Joint Collector, Kurnool District, pursuant to the report submitted by the 2nd respondent, this Court directs the Joint Collector, Kurnool District to dispose of the proceedings under Section 6-A(i) of the Act initiated against the petitioner, within a period of six (6) weeks from the date of receipt of a copy of this order. If for any reason the 6-A(i) proceedings are 4 W.P.No.16095 of 2009, TGK,J not completed within the stipulated time, the respondents shall restore the authorisation of the petitioner and allow him to supply the essential commodities to the card holders. 6. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 6th August, 2009 Note: Furnish CC by three days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16095 of 2009 (Disposed of) 6th August, 2009 Note: Furnish CC by three days. (b/o) CBS