IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13590 of 2008 Between: Smt. Dasari Rajavva W/o. Ramulu R/o. Tadkapalli Village, Siddipet Mandal, Medak District. ..... PETITIONER AND 1 State of A.P., rep. by its Secretary to Government, Consumer Affairs, Food & Civil Supplies (CS 1 ) Department at Secretariate, Hyderabad. 2 The Revenue Divisional Officer, Siddipet, Medak District. 3 The Tahsildar, Siddipet Mandal, Medak District 4 smt. simmula Swarnalatha W/o. Not Known R/o. Tadkapalli Village, Siddipet Mandal, Medak District. .....RESPONDENT(S) 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 to issue a writ of Mandamus or any other appropriate writ or writs order or direction declaring and setting aside the order dt. 20.6.2008 in No.C/3963/2008 on the file of the 3rd respondent herein, as illegal, arbitrary, unconstitutional, without jurisdiction and violative of principles of natural justice, and to consequently direct the respondnets No.1 to 3 to continue the petitioner as Fair Price Shop Dealer No.1 of Tadkapalli Village, Siddipet Mandal, Medak District, Award costs and pass Counsel for the Petitioner:MR.K.V.SUDHAKAR REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following, at the stage of admission : ORAL ORDER: By the impugned order of the 3rd respondent bearing Reference No. C/3963/2008 dated 20.6.2008, on allegations of transgression of the terms and conditions of authorization and the provisions of the A.P. Public Distribution System (Control) Order, 2001, the petitioner was removed from the dealership. The petitioner is the authorizee of a fair price shop at Tadkapalli Village, Medak District. The Writ Petition is filed contending that the 3rd respondent is not competent to order removal from or cancellation of the authorization. The learned Government Pleader for Civil Supplies appearing at the stage of admission, fairly concedes the legal position that the 3rd respondent does not have the power, authority or jurisdiction to cancel or rescind the dealership. The learned Government Pleader further states that the 3rd respondent is authorized only to order suspension pending enquiry for a period of 90 days. In the light of the legal position as fairly conceded by the learned Government Pleader, the impugned order cannot survive and it is accordingly quashed. The competent authority is however at liberty to pass a fresh order in accordance with law and in the facts and circumstances of the case. The writ petition is disposed of at the stage of admission as above, after hearing the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. There shall be no order as to costs. GODA RAGHURAM, J Date: 27.6.2008 Note: CC as soon as possible Bo cvm