THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.26290 OF 2008 BETWEEN: P. Khaja Bande Nawaz, S/o. Abdul Munaf, Ration Shop Dealer, R/o. Pedda Marriveedu Village, Gonegandla Mandal, Kurnool District. …. PETITIONER And 1. The Revenue Divisional Officer, Adoni, Kurnool District, and another. …. RESPONDENTS Counsel for petitioners: Sri K. Rajanna Counsel for respondents: G.P. for Civil Supplies. The Court made the following order: ORDER: 1. The order of the 2nd respondent, viz., the Mandal Revenue Officer/Tahsildar, Gonegandla Mandal, Kurnool District, passed in proceedings Rc.B.59/08, dated 12.09.2008, canceling the Fair Price Shop authorization of the petitioner in respect of the shop located at Pedda Marriveedu Village, Gonegandla Mandal, Kurnool District is under challenge in this writ petition. 2. Heard Sri K. Rajanna learned counsel for the petitioner and learned Government Pleader for Civil Supplies. 3. The petitioner holds authorization to run the aforesaid Fair Price Shop. The 2nd respondent passed the impugned order alleging that the petitioner failed to submit the coupons of rice, kerosene, palm- oil and acquaintance register of pulses. A perusal of the order shows that the authorization has been cancelled without any notice to the petitioner. Be that as it may, as per Clause 5(5) of the A.P. State Public Distribution System (Control), order 2008 the appointing authority, viz., the Revenue Divisional Officer alone is competent to cancel the authorization. The 2nd respondent is not vested with any power except to suspend the licence for a period not exceeding 90 days as per the second proviso to Clause 5 (7) of the Control Order. 4. The learned counsel for the petitioner fairly submits that subsequently the 1st respondent, viz., the Revenue Divisional Officer, Adoni, Kurnool District, cancelled the authorization of the petitioner by a separate order, and the said order has been challenged in a separate writ petition. If that be so, it is for the petitioner to pursue the said writ petition. 5. In as much as the impugned order in the present writ petition is absolutely without jurisdiction, the same is set aside and the writ petition is accordingly allowed. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 11th November, 2010 Js.