THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4043 of 2009 DATE:21.10.2009 Between: P. Sunitha ... Petitioner and Revenue Divisional Officer, Nagarkurnool, Mahaboobnagar District and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4043 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Certiorari to quash the proceedings No.J/2241/2008 dated 07.02.2009 cancelling the licence of the petitioner and also the Notification in Lr.No.J/2241/08 dated 07.02.2009 inviting candidates for appointment of fair price shop dealer for Avancha village, Thimmajipet Mandal, issued by the 1st respondent. 2. The case of the petitioner, in brief, is that she is the authorised fair price shop dealer of Avancha village, Thimmajipet Mandal, Mahaboobnagar District, and has been distributing the essential commodities to the cardholders without any complaint. While so, without inspecting her fair price shop, the Tahsildar, Timmajipeta Mandal, submitted a report dated 24.11.2008 to the Collector (CS), Mahabubnagar District, alleging that she is not distributing the essential commodities to the cardholders properly. Pursuant thereto, the Collector (CS), Mahabubnagar District issued a show cause notice to her under Section 6-B of the Essential Commodities Act, 1955 on 29.12.2008, and without hearing her, he ordered confiscation of the entire seized stocks and also directed the Revenue Divisional Officer, Nagarkurnool, Mahaboobnagar District - 1st respondent to initiate disciplinary action against her, by an order dated 04.02.2009. Basing on the said order, the 1st respondent cancelled her authorisation without issuing any show cause notice and without conducting any enquiry, by proceedings No.J/2241/2008 dated 07.02.2009, and on the even date, he also issued a notification inviting candidates for appointment of fair price shop dealer for Avancha village. The same is questioned in this writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. 4. May be it is true that 6-A proceedings have been initiated and the order of confiscation was also passed. But, in my considered view, that cannot be a ground to cancel the authorisation of the petitioner, without following due process under law. Whether 6-A proceedings have been initiated or not, it is always open for disciplinary authority to initiate proceedings under the A.P. State Public Distribution System (Control) Order, 2008 (for short "the Control Order") and authorisation of an authorised dealer can be suspended, after issuing a show cause notice and considering his explanation. But, in this case, the disciplinary authority has not followed the said procedure and the reason for passing the order dated 07.02.2009 cancelling the authorisation of the petitioner, is only on account of the order of confiscation dated 04.02.2009 passed by the Collector (CS), Mahabubnagar District. In my considered view, the said order of confiscation cannot be a ground to cancel the authorisation of the petitioner, without following due process under law. Hence, the order of cancellation of authorisation of the petitioner and the notification in Lr.No.J/2241/2008 dated 07.02.2009 issued by the 1st respondent inviting candidates for appointment of fair shop dealer for Avancha village, Thimmajipet Manal, are liable to be set aside. 5. Accordingly, this writ petition is allowed, and the order of cancellation of authorisation of the petitioner and the notification impugned in this writ petition are hereby set aside. The 1st respondent shall supply the essential commodities to the fair price shop of the petitioner so that she can distribute the same to the cardholders. However, this order does not preclude the disciplinary authrority from initiating necessary action against the petitioner, if it so chooses, under the provisions of the Control Order. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 21st October, 2009 Note: Furnish CC by three days b/o CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4043 of 2009 (Allowed) 21st October, 2009 Note: Furnish CC by three days b/o CBS