IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 14306 of 2005 BETWEEN: D. Anjaneyulu, S/o. Late Chalamaiah, Dealer (under suspension) of Inapuru (V), Pamidimukkala (M), Krishna District. ... PETITIONER AND 1 The Revenue Divisional Officer, Nuzvid, Krishna District. 2 The Mandal Revenue Officer, Pamidimukkala (M) Krishna 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 writ or direction preferably writ of mandamus declaring the order of the 1st respondent issued in Rc.F.954/2002 dated 23-7-2002 as illegal, arbitrary, and violative of Principles of Natural Justice and consequently direct the respondents to allow the petitioner to function as Fair Price Shop dealer of Inapuru (V) Pamidimukkala (M) Krishna district, and pass such other or further orders. Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER: Petitioner questions the order dated 23.07.2002 of the Revenue Divisional Officer, Nuzvid in suspending his fair price shop dealership of Inapuru Village, Pamidimukkala Mandal, Krishna District, pending enquiry. 2. The authorization of the petitioner has been suspended on the ground that the petitioner failed to adhere to the instructions of the Mandal Revenue Officer and not accounted for 38.66 Kgs. of rice meant for Food For Work and distributed the same without obtaining the release orders from the MRO. It is further alleged that the petitioner distributed 100 liters of Kerosene without authenticated sales register. However, the impugned order is only ex parte order passed without giving any reasonable opportunity to the petitioner that too pending enquiry. 3. As this Court suspended the impugned suspension order, the enquiry has not been conducted. On the basis of mere suspension of the impugned order the petitioner cannot escape from the enquiry to be conducted by the respondents. 4. Having regard to the facts and circumstances of the case, the respondents are directed to complete the enquiry after giving reasonable opportunity to the petitioner and pass appropriate orders, if they so chose. Pending passing of final orders, the petitioner may be permitted to continue to distribute the essential commodities. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 29, 2008 DSK