IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11094 of 2008 Between: M/s.Kotha Vaikuntam & Co., HPC, rep.by Kotha Eashwaraiah S/o.Rajanna R/o.Korutla , Karimnagar District ..... PETITIONER AND 1 The Collector (Civil Supplies), Karimnagar karimnagar District 2 The District Supply Officer, Karimnagar Karimnagar District 3 The Commissioner, Civil Supplies, ANDHRA pRADESH Hyderabad .....RESPONDENTS 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 issue a writ order or direction in the nature of mandamus declaring the order dated 15.10.2007 issued in G3/1195/2007 passed by the 1st respondent whereby suspending the licence bearing No.11/81 belonging to the petitioner and also to declare the action of the 1st respondent in not disposing of the matter within the time stipulated in the order dated 11.2.2008 in CCS.Procgs.No.E2/8189/2007 issued by the 3rd respondent as illegal, arbitrary, and in violation of principles of natural justice and be pleased to pass Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE MS JUSTICE G.ROHINI W.P.NO.11094 OF 2008 ORDER The petitioner is a wholesale kerosene dealer at Korutla holding a Form-B licence granted under the provisions of A.P. Petroleum Products (L&RS) Order 1980. On 08-10-2007 a show cause notice was issued by the 1st respondent-Collector, Civil Supplies, Karimnagar calling upon the petitioner to show cause as to why his licence should not be cancelled for the irregularities alleged there under. Immediately thereafter the petitioner submitted his explanation on 13-10-2007 denying all the allegations. However by order dated.15-10-2007 the Form-B licence of the petitioner was suspended pending enquiry observing that the petitioner failed to submit his explanation and therefore it was assumed that he had nothing to oﬀer. Challenging the same, the petitioner preferred an Appeal before the Commissioner of Civil Supplies. The said appeal was disposed of by order dated.11-02-2008 with a direction to the 1st respondent to dispose of the enquiry initiated against the petitioner within a period of 15 days. However, the 1st respondent failed to conclude the enquiry and consequently the petitioner’s licence continued under suspension from October-2007 onwards. Aggrieved by the said action of the respondents, the present writ petition is filed. Though no counter-aﬃdavit is ﬁled, the fact that the enquiry initiated against the petitioner is still pending and no order has been passed as on today by the 1st respondent is not disputed by the learned Government Pleader for Civil Supplies. Under Clause.28 of the Control Order though it is open to the 1st respondent to suspend the Form-B licence pending enquiry into the alleged contravention of any of the provisions of the Control Order, he is bound to complete the enquiry within reasonable time. Failure of the 1st respondent to conclude the enquiry till today in spite of the speciﬁc direction by the appellate authority dated.11-02-2008 amounts to arbitrary exercise of power conferred under the statute. Hence the impugned order of suspension dated.15-10- 2007 is hereby set aside and the licence of the petitioner shall stand restored. However this shall not preclude the 1st respondent to proceed with the enquiry following due process of law. Accordingly the writ petition is disposed of. No costs. _____________ G.ROHINI,J 13th November,2008 Note: Issue CC in Three days. (B/O) *TSNR