THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.25761 of 2011 Date: 15.09.2011 Between: P.S. Manikya Reddy … Petitioner and The Government of Andhra Pradesh, Rep. by its Principal Secretary (Civil Supplies), Secretariat Buildings, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.25761 of 2011 ORDER : This writ petition has been filed challenging the order of the 3rd respondent-Revenue Divisional Officer, Kurnool, in proceedings No.Rc.B.1514/2011, dated 27.8.2011 suspending the authorisation of the petitioner to run the Fair Price Shop pending enquiry, as arbitrary and illegal. 2. The petitioner is a Fair Price Shop dealer of Kondapuram Village, C.Belagal Mandal, Kurnool District. On a complaint received from a resident of the said village, the 4th respondent- Tahsildar, C.Belagal Mandal, along with the Deputy Tahsildar (Civil Supplies), Gudur and the Village Revenue Officer, Kondapuram Village proceeded to the village and found that the petitioner’s shop was closed. The 3rd respondent conducted an open enquiry with the cardholders and found that the petitioner is residing in Ieej Village of Mahabubnagar District and not distributing the commodities and also occasionally coming to Kondapuram village for 2 or 3 days in a month to distribute the commodities. He also found that the petitioner is distributing lesser quantity of commodities to the cardholders at higher rates. He further found that even though the petitioner is lifting the commodities every month, failed to distribute the same to the cardholders for the last one year and thereby contravened the provisions of the A.P. State Public Distribution System (Control) Order, 2008 (for brevity “the Control Order”). On a report submitted in that regard, the 3rd respondent initiated proceedings under the said Control Order and passed the impugned order dated 27.8.2011 suspending the authorisation of the petitioner pending enquiry. Aggrieved by the same, the petitioner filed an appeal before the Joint Collector, Kurnool, along with a petition seeking stay. As no orders are passed on the said appeal, the petitioner has filed the present writ petition for the aforesaid relief. 3. Heard Sri P. Madhusudhana Reddy, learned counsel appearing for the petitioner as well as the learned Government Pleader for Civil Supplies appearing for the respondents. 4. Learned counsel for the petitioner submits that the petitioner has not committed any irregularity. He also submits that several cardholders made a representation to the Joint Collector supporting the case of the petitioner and that the authorities are not justified in suspending the authorisation of the petitioner on a mere complaint received from a resident of the village. He further submits that challenging the said order, the petitioner has filed an appeal before the Joint Collector and the same is pending adjudication. 5. Admittedly, the petitioner has approached the Joint Collector by invoking the statutory remedy of appeal against the impugned order. Therefore, he cannot pursue a parallel remedy challenging the very same order by way of filing the present writ petition. Further more, the impugned order is not challenged on the ground of incompetency or as without jurisdiction. Since the petitioner has already availed the statutory remedy of appeal before the Joint Collector, I am not inclined to express any opinion on the merits of the case. The petitioner is always at liberty to urge the aforesaid contentions in the said appeal and defend his case. 6. In the circumstances, I am not inclined to entertain the writ petition. 7. The writ petition is accordingly dismissed, at the admission stage. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 15.09.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.25761 of 2011 15.09.2011 (Msr)