THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO.18939 OF 2006 DATED:27-9-2011 Between: I. Yadaiah … Petitioner And The Revenue Divisional Officer Nalgonda, Nalgonda District and another … Respondents THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO.18939 OF 2006 ORDER: The petitioner is a fair price shop dealer of Dorepally Village, Kanagal Mandal, Nalgonda District. On the allegation that he has failed to produce sales and stock registers before the inspecting authorities in contravention of the provisions of Section 22(v) of the A.P. Public Distribution System (Control) Order, 2001 (for short, the ‘Control Order’), and that he is residing in Nalgonda, instead of residing at the Village where the shop is located, in contravention of the conditions of the authorization, the authorization of the petitioner was suspended by the first respondent – Revenue Divisional Officer (RDO), Nalgonda, by proceedings No.K/1784/2006 dt.8.7.2006. A notification dt.26.8.2006 was also issued by the respondents to fill up the said vacancy of fair price shop dealership. Aggrieved by the order of suspension of authorization of the petitioner, he filed an appeal before the second respondent on 8.9.2006, but no interim orders are passed in the said appeal. Hence, the writ petition. At the stage of admission, this Court on 13.9.2006 has granted an interim order staying the order of suspension of authorization of the petitioner, while observing that the interim order would not preclude the authorities from conducting enquiry as contemplated under the impugned proceedings. It is stated that in view of the said interim order passed by this Court, the petitioner is being continued as dealer. When the matter is taken up, it is submitted by the learned Assistant Government Pleader appearing for the respondents that the appeal filed by the petitioner before the second respondent was disposed of with a direction to the first respondent to take necessary action in the matter as per the interim order passed by this Court. From a perusal of the impugned order it is clear that mainly on the allegation that the petitioner has failed to produce the sales and stock registers before the inspecting authority and residing in Nalgonda, instead of residing at Dorepally village where the fair price shop is located, the authorization of the petitioner was suspended. Inasmuch as no final order is passed cancelling the authorization of the petitioner, there is no reason for the respondents to issue the impugned notification dt.26.8.2006 inviting applications to fill up the vacancy. By virtue of suspension of the authorization of the petitioner, it cannot be treated as vacancy so as to fill up the same. As this Court has stayed the impugned order of suspension of authorization of the petitioner’s fair price shop and the said interim order is continued all along, and as it is also stated in the counter affidavit that the appeal filed by the petitioner before the second respondent was disposed of directing the first respondent - RDO to take necessary action in the matter, I deem it appropriate to set aside the notification No.K/1784/2006 dt.26.8.2006, issued by the respondents inviting applications to fill up the vacancy of the fair price shop dealership which the petitioner is holding, with a direction to the first respondent - RDO to complete the enquiry on the allegations made against the petitioner and pass appropriate order in accordance with law as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. The order of the first respondent - RDO issued in Proc. No.K/1784/2006 dt.8.7.2006 shall remain suspended till appropriate orders are passed by the competent authority. It is also made clear that it is open to the RDO to take appropriate steps after passing final order in accordance with law and relevant Control Orders, which are in force. With the above observations and directions, the Writ Petition is disposed of accordingly. No order as to costs. _____________________ R. SUBHASH REDDY, J 27.9.2011 bnr