THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.20760 of 2009 15.03.2010 Between: B.Ramadevi ….Petitioner AND The Tahsildar, Bathalapalli Mandal, Ananthapur District and another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.20760 OF 2009 ORDER: The petitioner is a dealer of fair price shop (FPS) No.3 of Gantapuram village of Anantapur District. The authorization of the petitioner was suspended by first respondent on 03.06.2009 on certain allegations. The petitioner assailed the same in W.P.No.13137 of 2009. By order, dated 03.07.2009, this Court set aside the order of first respondent and directed second respondent to hold a detailed enquiry and pass appropriate orders. Thereafter second respondent issued show cause notice dated 25.07.2009. Six charges were framed namely, pertaining to improper maintenance of records, sale of essential commodities for higher prices, distribution of commodities twice and other contraventions. The petitioner was asked to submit explanation as to why further action should not be taken. The petitioner submitted explanation through an advocate. Considering the same, by impugned order, dated 21.08.2009, second respondent cancelled the authorization. This is challenged in the writ petition. The counsel for petitioner submits that the show cause notice was issued proposing to suspend the authorization and no show cause notice was issued for cancellation. After perusing the order of this Court in W.P.No.13137 of 2009 and show cause notice issued thereafter, this Court is not inclined to accept the submission. The order of suspension dated 03.06.2009 was not preceded by any show cause notice. After the same was decided by this Court, a show cause notice was issued proposing to take further action. Merely because the subject portion in the said show cause notice refers to earlier suspension, the same does not mean that again Revenue Divisional Officer issued notice of suspension. Having regard to the order passed by this Court earlier, the Revenue Divisional Officer could not have issued further show cause notice proposing suspension. Show cause notice dated 25.07.2009 was issued proposing cancellation. Therefore, the submission cannot be accepted. Against order passed by second respondent, dated 21.08.2009, as the petitioner has not preferred the appeal under clause 20 of the Control Order, this Court is not inclined to go into merits of the case at this stage. Liberty is given to the petitioner to prefer an appeal within ten (10) days from the date of receipt of copy of this order. After receiving the appeal, the Joint Collector, Guntur, shall accept the appeal and dispose of the same within a period of six weeks to enable the petitioner to obtain appropriate orders. If the petitioner is still continuing as fair price shop dealer, there shall be status quo for a period of three weeks. The writ petition is accordingly disposed of. No costs. _______________ (V.V.S.RAO, J) 15.03.2010 Pln