THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 26082 OF 2008 Dated: 21-09-2011 Between: Tammana Janardhana Rao ... PETITIONER AND The Revenue Divisional Officer, Bandar, Krishna District ... RESPONDENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 26082 OF 2008 ORDER: This writ petition is filed questioning the order dated 22-11-2008 passed in proceedings Rc.C.1422/2008 by the Revenue Divisional Officer, Bandar, the respondent herein suspending the fair price shop authorisation of the petitioner as per Rule 4 of the Andhra Pradesh State Public Distribution System (Control) Order, 2001 (for short ‘the Control Order, 2001) pending proceedings initiated against him under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’). It is stated in the affidavit filed in support of the writ petition that the fair price shop premises of the petitioner was inspected by the respondent on 20-11-2008 and alleging certain variations in stocks when the entries in the sales register were compared with the ground balance, the respondent seized the stocks. It was alleged that there is excess variation of 4.79 quintals of rice and five litres of kerosene and that 0.01 quintals of red gram was found to be less. Thereafter, the respondent filed the report before the Joint Collector on 21-11-2008 based on which proceedings under Section 6-A of the Act were initiated against the petitioner. Referring to the seizure and initiation of the proceedings under Section 6-A of the Act, the respondent issued the impugned proceedings on 22-11-2008 suspending the authorisation of the petitioner as per Rule 4 of the Control Order 2001, pending enquiry. This Court while admitting the writ petition, by order dated 28- 11-2008 granted interim suspension of the impugned order keeping it open to the respondent to proceed with the enquiry under Clause 5(iv) of the Control Order, 2001 and the said order continued all along. Today when the matter is taken up for hearing, it is submitted by the learned counsel for the petitioner that in the proceedings initiated against the petitioner under Section 6-A of the Act, the Joint Collector has ordered for confiscation of the stocks, but on appeal filed by the petitioner, it was allowed in part. It is further submitted that pursuant to the impugned order, no further enquiry is conducted by the respondent and no final order is passed. Though the writ petition is of the year 2008, no counter affidavit is filed by the respondent. It is submitted by the learned Government Pleader for Civil Supplies that the enquiry against the petitioner is pending and no final order is yet passed. In this case, it is to be noticed that variation in stocks is alleged against the petitioner. This Court while admitting the writ petition granted interim suspension and the same is continued since then. In the absence of any counter affidavit and as it is stated that enquiry proceedings are still pending and no final order is passed, I deem it appropriate to direct the respondent to complete the enquiry initiated against the petitioner within a time frame. The respondent – Revenue Divisional Officer, Bandar is directed to complete the enquiry initiated against the petitioner as expeditiously as possible, preferably within a period of three months from today. It is also made clear that the interim order earlier granted by this Court shall continue till final orders are passed by the respondent. The writ petition is accordingly allowed. No order as to costs. R. SUBHASH REDDY, J 21-09-2011 ks