HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.23189 of 2006 Date : 27.09.2011 Between : M. Venkataramudu. …..Petitioner And The Revenue Divisional Officer, Kurnool & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.23189 of 2006 ORDER : Petitioner is a fair price shop dealer in Guvvalakuntla village of Kothapalli Mandal in Kurnool District. This writ petition is filed against the order, dated 19th October 2006, passed by the 1st respondent-Revenue Divisional Officer, Kurnool, in Proceedings Rc.B.1175/2006, cancelling the authorization of the petitioner. Based on the report of the Deputy Tahsildar, Civil Supplies, Atmakur, dated 01.10.2006, allegations are made against the petitioner alleging that he is running a provisional stores illegally along with the fair price shop, he has not distributed the sugar for the month of September 2006, not issued PDS rice to three card holders, by name, Smt.P.Radha, Durgam Venkata Reddy and Kammari Nagabrahmachari, he was not issuing the commodities with proper weighment and was not maintaining the stock board. The petitioner was called upon to file his explanation on the aforesaid charges. On filing of explanation by the petitioner, the impugned order is passed. It is the allegation of the petitioner that without considering the explanation offered by him, by throwing burden on him, though there is no material in support of the charges levelled against him, the impugned order is passed. In this case, it is to be noticed that the impugned order is passed by the Revenue Divisional Officer, who is the primary authority. As per the scheme of the A.P. Public Distribution System (Control) Order, 2008, against the order of the Revenue Divisional Officer, remedy of appeal is provided before the Joint Collector. In view of the availability of alternative remedy of appeal, there is no special reason to entertain this writ petition filed by the petitioner, by-passing the remedy of appeal contemplated under the Control Order. In that view of the matter, this writ petition is disposed of, permitting the petitioner to file an appeal before the Joint Collector concerned, within a period of six weeks from today. If any such appeal is preferred within the time stipulated, the appellate authority shall entertain the same and consider it on merits without raising any objection with regard to limitation. The impugned order passed by the 1st respondent-Revenue Divisional Officer shall remain suspended for a period of two months from today and it is open for the petitioner to obtain appropriate interim orders in the appeal to be filed by him. If the appeal is not preferred by the petitioner within the time referred above, it is open for the respondents to take steps for implementation of the impugned order. No order as to costs. ______________________ R. SUBHASH REDDY, J 27th September 2011 N.B: Issue C.C. by 03.10.2011. (b/o) ajr