IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.14531 of 2008 Between: Gonti Narayana RAo S/o. Late Sanyasi Teemara Village, Seedhi Post, Pathapatnam Mandal, Srikakulam District. ..... PETITIONER AND 1 The Revenue Divisional Officer, Palakonda Division, Palakonda, Srikakulam District. 2 The Tahsildar, Pathapatnam Mandal, Srikakulam 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, order or direction preferably one in the nature of Writ of Mandamus declaring the impugned suspension orders of the 2nd respondent in R.C.No.301/08/C.S.D.T./ dt. 18.06.2008 and further impugned orders of the 1st respondent in dismissing the stay petition filed along with the appeal in SRA No.3/2008B dated 30.06.2008 as illegal, arbitrary and violative of Articles 14, 19 & 21 of the Constitution of India and consequently set aside the aforesaid orders of the respondents and pass Counsel for the Petitioner:MR.K.RATHANGA PANI REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.14531 of 2008 ORDER: It is the case of the petitioner that he has been appointed as a fair price shop dealer of Shop No.II of Teemara Village, Pathapatnam Mandal, Srikakulam District, in the year 1993, and from the date of his appointment, he has been distributing essential commodities to the cardholders without any complaint whatsoever. While so, on some political rivalry, the Tahsildhar, passed an order in Rc.No.301/08/CSDT, dated 18-06-2008, suspending the authorisation of the petitioner for a period of three months and entrusting the said fair price shop to the neighbouring fair price shop dealer of Teemara-I, on the ground that pursuant to receipt of a representation from some of the card holders of Teemara Village stating that the petitioner is not residing in the village and the said shop is being run by a benami person and that the benami person is distributing essential commodities at higher rates, enquiry has been conducted by the Civil Supplies Deputy Tahsildar in the village and submitted a report stating that the petitioner is not residing in the village and the essential commodities are distributing by a benami person at higher rates. Learned counsel appearing for the petitioner submits that the petitioner is very well residing in the said village and in fact the Tahsildar, Pathapatnam, also issued a residential certificate, dated 30-06-2008, stating that for the last seven years, he has been residing in the said village. It is stated that he is also having household card and there is no material whatsoever with regard to the so-called report said to have been submitted by the Civil Supplies Deputy Tahsildar and in fact no such report has been referred to in the suspension order, that the name of the so-called benami person has also not been furnished, that to whom the essential commodities were distributed at higher rates was also not mentioned and that in the subject, it was mentioned that the order relates to cancellation of the authorization, but, where as in the operative portion of the order, it is stated that the petitioner was suspended for a period of three months. Thus, it is stated that the impugned order has been passed without conducting any enquiry and without giving any reasonable opportunity to the petitioner. It is stated that no doubt, the appointing authority is the competent officer to suspend or cancel the authorization after conducting enquiry. Merely because the power has been delegated on the Tahsildar, to suspend for a maximum period of three months, the Tahsildar cannot exercise the said power, automatically, though such power is not entitled to be exercised even by the appointing authority, as the appointing authority also is under obligation to conduct enquiry and give reasonable opportunity to all the concerned and wherever it is possible, give a show cause notice before suspending the authorisation. It is further stated that aggrieved by the order of the Tahsildar, the petitioner filed an appeal before the Revenue Divisional Officer and the Revenue Divisional Officer also without assigning any reason and without verifying the documents annexed along with grounds of appeal about his proof of residence in the village, rejected the stay application on the ground that the petitioner is not residing in the village and the fair price shop is being run by a benami person and that the benami person is distributing essential commodities at higher rates. It is stated that except saying the self same reasons, as stated by the Tahsildar, the appellate authority has also not applied its mind while considering the stay application. I am not inclined to express any opinion on the merits of the case. But, however, having regards to the facts and circumstances, I am of the opinion that admittedly, the Tahsildar passed the suspension order without giving any reasonable opportunity to the petitioner and the said suspension order is also bereft of material particulars with regard to the name of the benami person and the card holders to whom the essential commodities are said to have been supplied at higher rates. Therefore, I am of the opinion that it is just and proper to stay the operation of the suspension order, pending disposal of the appeal or pending finalisation of the enquiry proceedings by the competent authority. Having regard to the facts and circumstances of the case, the writ petition is allowed setting aside the order passed by the Revenue Divisional Officer in S.R.A.No.3 of 2008, dated 30-06-2008, and the Revenue Divisional Officer is directed to consider and dispose of the main appeal itself, as expeditiously as possible, after giving reasonable opportunity to all the concerned, or to complete the enquiry and pass appropriate final orders in the pending enquiry proceedings, as expeditiously as possible. Till then, there shall be stay of operation of the suspension order. There shall be no order as to costs. ___________ 08-07-2008 Note: Issue C.C. in one week (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}