HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19445 of 2010 Dated: 09-08-2010 Between: Bommireddi Rajeswari. … Petitioner And The Revenue Divisional Officer, Nandyal, Kurnool District & another. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19445 of 2010 ORDER: Petitioner in this writ petition is the fair price shop dealer (temporary) in respect of shop No.62 in Ward Nos.17 and 18 of Nandyal Town. The issuance of authorisation and disciplinary proceedings, are covered by the A.P. Public Distribution System (Control) Order, 2008, framed under the Essential Commodities Act. The Deputy Tahsildar, Nandyal, has inspected the petitioner’s fair price shop on 12.07.2010 and filed a report with the following allegations against the petitioner: 1. that he has not followed the timings as prescribed by the Government in the Control Order; 2. that he has failed to display the stock-cum- price list board in front of the fair price shop; 3. that he has not maintained the complaint box/complaint register; 4. that he has failed to produce the authorisation and thus violated the paragraph 2 of the Annexure.1 and also not renewed the authorisation in time; 5. that he has not distributed the essential commodities to the cardholders on 01.07.2010 and 02.07.2010 in spite of several instructions issued during the monthly review meetings; 6. that he has failed to exhibit the sealed samples of commodities at the affair price shop; 7. that he has issued ration to other than cardholders; 8. that he has distributed only two litres of kerosene oil to 26 card holders, who are not having Deepam connection, for the month of June 2010. Basing on the aforesaid report, the Tahsildar, Nandyal has suspended the petitioner’s authorisation under the provisions of the Control Order. As against the same, the petitioner has preferred an appeal before the Revenue Divisional Officer along with an application for stay, which was rejected by an order, dated 26.07.2010. In this writ petition, it is the case of the petitioner that so far as kerosene oil is concerned, he has distributed the same as per instructions and there is no basis for the allegation of diversion. A perusal of the order of suspension, dated 14.07.2010, shows that apart from the allegation regarding distribution of kerosene oil, there are other allegations, namely, that the petitioner has supplied the essential commodities to other than the cardholders, he has not exhibited the price-cum-stock board, not distributed the essential commodities to the cardholders on 01.07.2010 and 02.07.2010, and not followed the timings as prescribed under the Control Order, etc. In any event, as the matter is pending before the 1st respondent- Revenue Divisional Officer, this Court cannot go into its merits, at this stage. In view of pendency of appeal before the 1st respondent, I deem it appropriate to dispose of the writ petition, directing the 1st respondent to dispose of the appeal preferred by the petitioner, by fixing a date for hearing, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. It is further directed that no permanent arrangements shall be made in respect of the petitioner’s shop, till the appeal filed by the petitioner is disposed of. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 9th August 2010 N.B: Issue C.C. in two days. (b/o) ajr