IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 22224 of 2009 Between: V. Jayaramulu, S/o. V. Chennappa, R/o. Shop No. 4, Vidapanakal, Anantapur Division, Anantapur District. ..... PETITIONER AND 1 The State of Andhra Pradesh Rep by its Principal Secretary, Departmetn of Civil Supplies, A.P. Secretariat, Hyderabad. 2 The Revenue Divisional Officer, Anantapur, Anantapur District. 3 The Tahsildar, Vidapanakal, Anantapur Division, Anantapur District. .....RESPONDENT(S) 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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 3 in suspendign the petitioner's F.P. Shop authorization through proceedings vide R.C.No. 390/CSDT/2009 dt. 11-10-2009 without considering the fact that the variation is within the permissible quantity as per C1.24 of APSPDS (Control) Order 2008 as illegal, arbitrary and in violation of principles of natural justice and inviolation of Art. 14 of the constitution of India and consequently direct the respondents to continue the petitioner as F.P Shop Dealer of Shop No. 4 of Vidapanakal Village and Mandal of Ananatapur District in the interest of justice Counsel for the Petitioner:MR.S.D.GOWD Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 22224 of 2009 ORDER: 1 The petitioner’s fair price shop No. 4, Vidapanakal, Anantapur Division, Anantapur District was inspected by the Tahsildar on 09.10.2009 and as there are some variations, the entire stock was seized. The matter was reported to the Joint Collector for initiation of proceedings under Section 6 A of the Essentially Commodities Act. Thereafter, the Tahsildar suspended his authorization by proceedings dated 11.10.2009 against which the petitioner approached the Revenue Divisional Officer and filed an appeal. As proceedings under section 6 A of the Essentially Commodities Act have been initiated, the petitioner approached the Joint Collector and filed an application seeking release of the stock and as the variation is trivial the Joint Collector ordered release of the stocks so seized from the possession of the petitioner. But, however, as the authorization is still under suspension, the petitioner approached this court and filed the present Writ Petition. 2 Heard both sides. 3 Now that the petitioner has preferred an appeal before the Revenue Divisional Officer and inasmuch as the licensing authority as well as the disciplinary authority is the Revenue Divisional Officer only, the Revenue Divisional Officer is hereby directed to hold an enquiry into the said allegations and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. If for any reason, no orders are passed within the time so fixed, the authorization of the petitioner shall be restored and the petitioner shall be permitted to distribute the essential commodities to the cardholders during the pendency of the appeal. 4 The Writ Petition is accordingly disposed of. No order as to costs. -------------------------------- kvsn 15.10.2009