IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 14858 of 2008 Between: Gurrala Venkat Reddy S/o.Sidda Reddy of Shop No.13, Kodavatimetta Village, Thallada Mandal, Khammam District. ..... PETITIONER AND 1 The Revenue Divisional Officer, Khammam. 2 The Tahasildar, Thallada Mandal at Thallada, Khammam District. .....RESPONDENTS 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 or direction preferably writ of Mandamus declaring the order issued by the 1st respondent in Rc.No.C2/1274/2008 dated 7.5.2008 as illegal and contrary to observations of the Hon'ble Court in W.P.No.8600/2008, dt. 19.4.2008 apart from violative of principles of natural justice and consequently direct the respondents to release the essential commodities to the petitioner in respect of F.P. Shop No.13, Kodavatimetta Village, Thallada Mandal of Khammam District and pass any other order. Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 14858 of 2008 ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. The writ petition is directed against the order of the 1st respondent bearing reference No. C2/1274/2008, dated 7.5.2008, whereby and whereunder, the authorization of the petitioner for running a fair price shop at Kodavatimetta Village is suspended pending enquiry and the in-charge arrangement authorisation granted to the petitioner for the Ramanjavaram and Kalakodima shops has also been suspended. The petitioner was granted authorization for shop No. 13 of Kodavatimetta Village, Thallada Mandal, Khammam District, under the provisions of the A.P. Public Distribution System (Control Order), 2001. The authorisation is valid upto 31.3.2009. Learned counsel for the petitioner states that the petitioner was given in-charge arrangement for the fair price shops at Kalakodima apart from Ramanjavaram. The Kalakodima in-charge arrangement was entrusted to the petitioner in January, 2008. The Kalakodima fair price shop was inspected by the Kalakodima Tahsildar on 8.4.2008 in the company of the Mandal Revenue Inspector. Certain variations between the stock register and ground balances was recorded and proceedings under Section 6-A of the Essential Commodities Act, 1955 initiated. As the petitioner was not being supplied the essential commodities even without an order of suspension of his authorization or of the in-charge arrangement, he filed Writ Petition No. 8600 of 2008. By the order dated 19.4.2008, the writ petition was disposed of observing that since there is no suspension of the authorization of the petitioner nor a withdrawal of the in-charge arrangements, the respondents should resume the supply of essential commodities to the petitioner. In the factual context that came to be considered by this Court, this Court further observed that the supply of essential commodities to the petitioner should be resumed in respect of fair price shop No.13 of Kodavatimetta Village, which was his substantive authorized shop. The Court further observed that in so far as the in-charge arrangement to the petitioner, i.e., in respect of Kalakodima Village, the respondents are at liberty to withdraw such arrangement if of the view that the petitioner had indulged in irregularities in respect of the in-charge arrangement and the respondents are also entitled to make alternative arrangements. After Writ Petition No. 8600 of 2008 was disposed of as above, the impugned order came to be passed. The order impugned clearly records the allegations regarding the irregularities committed by the petitioner in respect of Kalakodima fair price shop for which he was given the in-charge arrangement and on that basis the substantive authorization of the petitioner in respect of Kodavatimetta Fair Price shop No. 13 has been suspended pending enquiry. The singular ground urged by the petitioner to impeach the order dated 7.5.2008 of the 1st respondent is that since the allegation against the petitioner pertains to the Kalakodima in-charge arrangement, the suspension of his substantive authorisation in respect of Shop No. 13 of Kodavatimetta is irrational and unsustainable. This is a contention that is stated to be rejected. What is alleged is irregularities in the running of a fair price shop and that is the basis and the foundation for the impugned order of suspension pending enquiry of the petitioner’s substantive authorization. Whether the irregularity alleged has been committed in respect of a shop for which he has the substantive authorization or in respect of a shop which he is temporarily authorised to administer is not a relevant factor in considering suspension of the petitioner’s authorization. On this analysis, the order of suspension pending enquiry does not suffer any infirmity warranting interference under Article 226 of the Constitution. The learned counsel for the petitioner also pleads that the respondents be directed to conclude the substantive enquiry expeditiously. The learned Government Pleader for Civil Supplies appearing for the respondents at the stage of admission does not resist this plea of the petitioner. Accordingly, rejecting the substantive relief sought by the petitioner, the writ petition is disposed of directing the 1st respondent to expeditiously conclude the substantive enquiry into the allegations against the petitioner that led to the impugned order of the suspension pending enquiry, preferably within a period of four weeks from the date of receipt of a copy of this order. Needless to mention that the 1st respondent is required to record reasons for the decision recorded in such final order. There shall be no order as to costs. ____________________ GODA RAGHURAM,J DATE: 11th July, 2008 Pnb