THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18703 of 2009 DATE:09.09.2009 Between: Mula Surya Reddy ... Petitioner and The Revenue Divisional Officer, Karimnagar Division and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18703 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 1st respondent in issuing a show cause notice No.K/1264/2009 dated 26.04.2009, in suspending his authorisation in respect of a fair price shop No.0819 of Regonda village, Husnabad Mandal, Karimnagar District on the same day, and in not passing any order in pursuance of his explanation dated 11.05.2009, as illegal and arbitrary. 2. Briefly, the case of the petitioner is that he is a dealer in respect of a fair price shop No.0819 of Regonda village, Husnabad mandal, Karimnagar District and has been distributing the essential commodities to the cardholders without any complaint. While so, on the ground that he has participated in the campaign of T.R.S. in the village, the Revenue Divisional Officer, Karimnagar Division - 1st respondent issued a show cause notice No.K/1264/2009 dated 26.04.2009 calling upon him to show cause as to why his authorisation should not be cancelled, within a period of seven days from the date of receipt of the said notice. On the even date, he also issued proceedings suspending his authorisation. Accordingly, he submitted explanation on 11.05.2009 to the 1st respondent denying the allegation made against him. But, the 1st respondent has not passed any order considering his explanation, till date. Aggrieved by the same, he filed the present writ petition. 3. Heard both sides. 4. Apparently, the show cause notice and the proceedings with regard to suspension of authorisation of the petitioner were issued by the 1st respondent on the very same day i.e. 26.04.2009 and in pursuance of the show cause notice, the petitioner has submitted explanation on 11.05.2009. Though it is more than three months from the date of submitting explanation by the petitioner to the show cause notice, the 1st respondent has not yet passed any order. Therefore, this Court is of the view that the authorisation of the petitioner shall be restored, pending enquiry. 5. Accordingly, this writ petition is allowed in part. The proceedings No.K/1264/2009 dated 26.04.2009 issued by the 1st respondent suspending the authorisation of the petitioner in respect of a fair price shop No.0819 of Regonda village, Husnabad mandal, Karimnagar District are hereby suspended, pending enquiry. The 1st respondent is directed to complete the enquiry within a period of eight (8) weeks from the date of receipt of a copy of this order. The rest of the claim of the petitioner is dismissed. No order as to costs. __________________________________ GOPALA KRISHNA TAMADA, J 9th September, 2009 Note: Furnish CC by three days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18703 of 2009 (Allowed in part) 9th September, 2009 Note: Furnish CC by three days. (b/o) CBS