THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.24024 OF 2007 DATED: 31-01-2008 BETWEEN: N. Venkaiaah S/o. Ramaiah …Petitioner and The Joint Collector, Nellore and five others … Respondents THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.24024 OF 2007 ORDER: Heard Sri V. Sudhakar Reddy, learned counsel appearing for the writ petitioner, the learned Asst. Government Pleader for Civil Supplies representing R1 and R2 and T.C.Krishnan, representing R3 to R6, implead applicants. 2. The writ petition is filed for a writ of Mandamus declaring the action of the second respondent in not supplying the essential commodities to the petitioner as illegal, arbitrary and contrary to the orders of the first respondent passed in Rc.E.317/2007 dated 28-09-2007 and further orders dated 12-10-2007 and also contrary to the provisions of A.P. State Public Distribution System Control Order, 2001 and consequently direct the second respondent to implement the orders of the first respondent in so far as restoration of essential commodities to the petitioner and pass appropriate suitable orders. 3. Several facts had been narrated in elaboration in the affidavit filed in support of the writ petition. In the impugned order dated 28-09- 2007 it was observed as hereunder: “The case was finally heard on 22-09-2007. The advocate of the appellant attended and reiterated the same as was contended in the appeal petition filed. Records are verified. The order of the Tahsildar reveals that there is variation of 117 Kgs of PDS rice and 81 Ltrs of Kerosene. The contention of the appellant that he is entitled for 144 Kgs as per the sales made during the period is considered the variation in rice is not a factor to place the authorization under suspension. However, as regards to the kerosene, it requires further verification as the appellant that two filled in barrels and a spare of 5 Ltrs is available. Considering these facts the appeal is allowed setting aside the orders of the Tahsildar, T.P.Gudur. However, the Tahsildar, T.P.Gudur shall restore the supply of essential commodities and then can proceeded further by issuing show cause notice clearly specifying the charges, complete the proceedings as per law and pass appropriate final orders giving due opportunity to the appellant to be heard and the entire exercise shall be completed within 8 weeks.” 4. The direction made directing the Tahsildar, T.P.Gudur to proceed with the issuing of show cause notice clearly specifying the charges and complete the proceedings as per law is in question on the ground that the concerned Tahsildar has no jurisdiction or authority, but the competent authority is the concerned Revenue Divisional Officer. 5. In the light of the same, the impugned order is hereby set aside to the said extent and the matter is remitted to the first respondent-Joint Collector, Nellore to pass appropriate orders in this regard issuing suitable directions, if the first respondent chooses to do so, within a period of two weeks from the date of receipt of a copy of this order. 6. Writ petition is disposed of accordingly. No order as to costs. __________________ P.S.NARAYANA, J. Dated: 31-01-2008 Note: Issue C.C. in two days. B/o Rns