IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 25763 of 2008 Between: S. Swamy Reddy, S/o. Ramaiah, Velgatoor, Karimnagar District. ..... PETITIONER AND 1 The Revenue Divisional Officer, Peddapalli, Karimnagar District. 2 The Joint Collector, Karimnagar, Karimnagar District. 3 The District Collector Karimnagar, Karimnagar 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 may be pleased to issue a Writ, order or direction more particularly one in the nature of Writof Mandamus by declaring the action fo the 1st respondent in cancellation of the authorization of the petitioner vide Proc.No. D/2703/2008, dt. 29-10-08 as illegal, arbitrary and consequentially the Hon'ble Court may be pleased to set aside the impugned Proc. Rc.NO. D/2703/08, dt. 29-10-2008. Counsel for the Petitioner:MR.M.R.TAGORE Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.25763 of 2008 ORDER: This writ petition is filed seeking a Mandamus declaring the action of the 1st respondent in canceling the authorization of the petitioner vide proceedings No.D/2703/2008, dated 29.10.2008, as arbitrary and illegal. It appears, the petitioner is a Fair Price Shop dealer of F.P.Shop No.4803 of Jagdevpet village of Velgtoor Mandal of Karimnagar District. While that being so, on 01.10.2008, the Tahsildar, Velgatoor, conducted surprise inspection of the petitioner’s Fair Price Shop and when he demanded the petitioner to produce the records, the petitioner informed him that the sales register is not up to date and produced the stock register. Again, on 03.10.2008, when the Tahsildar visited the shop of the petitioner for inspection, he found that the petitioner has made fictitious signatures of cardholders and managed them, apart from making 21 double entries of cardholders. Thereupon, on the basis of the report, dated 03.10.2008, submitted by the Tahsildar, the petitioner was issued with a show cause notice, dated 06.10.2008, stating that he has contravened the provisions of A.P.P.D.S. (Control) Order, 2008, and as such, called for his explanation within seven days as to why his authorization should not be cancelled. Accordingly, the petitioner submitted a detailed explanation on 18.10.2008 by denying the allegations made against him. According to the petitioner, though he submitted a detailed explanation to the show cause notice, the 1st respondent, namely, the Revenue Divisional Officer, Peddapally, issued proceedings in D/2703/08, dated 29.10.2008, canceling his authorization on the ground that the explanation submitted by him is not convincing. Hence, this writ petition. Today, it is brought to the notice of the Court that challenging the impugned proceedings, dated 29.10.2008, the petitioner has already filed a statutory appeal on 27.11.2008 before the 2nd respondent, namely, the Joint Collector, Karimnagar, and the same is pending. Prima facie, a reading of the impugned proceedings, dated 29.10.2008, does not indicate that a detailed enquiry was conducted into the irregularities alleged to have been committed by the petitioner. Be that as it may, the petitioner had already filed a statutory appeal before the 2nd respondent and the same is pending. In the circumstances, since the appeal filed by the petitioner against the impugned proceedings is pending before the 2nd respondent, without expressing any opinion on the merits of the case, I deem it appropriate to direct the 2nd respondent to dispose of the said appeal in accordance with law, as expeditiously as possible. Till such time, the impugned proceedings, dated 29.10.2008, shall stand suspended and the petitioner shall be permitted to carry out his business as a Fair Price Shop dealer of F.P.Shop No.4803 of Jagdevpet village of Velgtoor Mandal of Karimnagar District. Accordingly, the writ petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 01.12.2008 v v