THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No.15631 of 2008 Date : 08-11-2010 Between : B.Manohar .. Petitioner and The Revenue Divisional Officer, Nandyal, Kurnool District and another .. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No.15631 of 2008 ORDER: This Writ Petition has been filed to declare the action of the 2nd Respondent viz., the Tahsildar, Banaganapalle, Kurnool District in continuing the suspension of the Fair Price Shop authorization granted in favour of the petitioner beyond 90 days as illegal. The petitioner is a Fair Price Shop Dealer in respect of the Shop No.35 of Ramakrishnapuram Village, Banaganapalle Mandal, Kurnool District. It appears that on 24-12-2007 the Tahsildar, Banaganapalle, inspected the shop along with Civil Supplies Deputy Tahsildar, Mandal Revenue Inspector and Village Revenue Officer, Palakur and found variation in the stocks. Based on the said inspection alleging that the petitioner is not maintaining the shop properly and diverting essential commodities without properly distributing the commodities to the cardholders, thereby violating the conditions of the authorization, the second respondent suspended the authorization purportedly in accordance with G.O. Ms.No.47, Consumer Affairs, Food & Civil Supplies (CSI) Department, dated 06-10-2007. It is not in dispute that under the said provision, the Tahsildar has the power to suspend the authorization pending final action by the Appointing Authority, but such suspension shall be for a maximum period of 90 days only. If the continuance of the suspension is required beyond 90 days, orders in that regard should be passed either by the Appointing Authority or the Disciplinary Authority viz., Revenue Divisional Officers/District Supply Officers. It is not necessary to go into the merits of the allegations made against the petitioner. Suffice it to note that the order was passed on 25- 12-2007 and having regard to the fact that the Tahsildar is empowered to keep the licence under suspension for a restricted period 90 days only, it must be held that the effect and rigour of the impugned orders dated 25- 12-2007 cannot extend beyond the said period of 90 days. There is no dispute that there was no order passed extending the suspension period by the competent authority. In this view of the matter, it must be held that treating the authorization of the petitioner as suspended beyond the stipulated period is illegal. The Writ Petition is accordingly allowed. This order does not however preclude the respondents from conducting the regular enquiry according to law. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 08th November, 2010. skmr