HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.29307 of 2009 Date: July 1, 2010 Between: Innamala Venkatadri, S/o. Venkataiah, Aged about 31 years, Occ: FP Shop Dealer, Kothapatnam, Kota Mandal, Nellore District … Petitioner And The District Collector (CS), Nellore District, Nellore, and two others … Respondents Order: In this writ petition, the petitioner has questioned order Rc.C.2187/2009, dated 26-12-2009, passed by the second respondent, Revenue Divisional Officer, Gudur, Nellore District. By the aforesaid order, authorization granted to the petitioner for distribution of essential commodities was suspended in exercise of power under clause 5(5) of Andhra Pradesh State Public Distribution System (Control Order) 2000. While issuing notice before admission, this court, by order dated 03-12-2009, issued directions to complete the enquiry within six weeks and if enquiry is not completed within the said period, authorization of the petitioner shall be restored. When the matter is taken up, it is submitted by learned Government Pleader appearing on behalf of respondents that as the enquiry was not completed within the time stipulated, authorization of the petitioner was restored. A perusal of the impugned order indicates that there is no allegation of violation of the provisions of the Control Order. It is stated therein that the petitioner is involved in a criminal case and antisocial activities and therefore it is not desirable to continue his authorization. During arguments, learned Government Pleader has not been able to furnish any information with regard to the criminal case, i.e. case No. etc., which is stated to have been registered agasint the petitioner, in the absence of which it cannot be said that the petitioner, has, in fact, been involved in a criminal case. Hence, in absence of any involvement of the petitioner in a criminal case as alleged and as there is also no allegation of violation of the provisions of the Control Order or the conditions of authorization, the impugned order is liable to be set-aside. Accordingly, order Rc.C.2187/2009, dated 26-12-2009, passed by the second respondent, Revenue Divisional Officer, Gudur, Nellore District, is set-aside. The writ petition is allowed. However, it is made clear that if the petitioner is involved in any criminal case and in the event of violation of any of the provisions of the Control Order or the conditions of authorization, this order will not preclude the respondents from taking action in accordance with the provisions of the Control Order. No order as to costs. _____________________ (R. SUBHASH REDDY, J) July 1, 2010 MRR