IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 11652 of 2008 Between: Gopu China Venkateswarlu, S/o. Peda Subbaiah, R/o. China Kancerla Village, Savalyapuram Mandal, Guntur District. ..... PETITIONER AND 1 The Joint Collector & Addl. District Magistrate, Guntur District. 2 The Revenue Divisional Officer, Narasaraopet, Guntur District. 3 The Mandal Revenue Officer, Savalyapuram Mandal, Guntur District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or Direction declaring the impugned order Rc.801/2004-B, dated 08.04.2008 on the file of the Revenue Divisional Officer, Narasaraopet, as illegal, arbitrary and violative of the principles of natural justice. Counsel for the Petitioner:MR.D.KRISHNA MURTHY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : ORDER: The petitioner questions the order of the second respondent- Revenue Divisional Officer, Narsaraopet, dated 08.04.2008, in suspending the authorization of the petitioner, pending enquiry, on the ground that the petitioner has not maintained the records of the fair price shop properly and essential commodities are used to be distributed two or three days in a month and he was collecting 25 paise more per kg. on PDS rice and 1.50 paise more per litre of kerosene and there was excess stock of three quintals PDS rice and 120 litres of kerosene in the shop and has recorded false entries in the sales and stock registers. Learned counsel appearing for the petitioner submits that the allegations made in the suspension order are incorrect and that the dealership was suspended without issuing any notice and without giving any reasonable opportunity and there is no evidence to show that to which of the card holders the rice and kerosene were sold at higher rates and in the absence of any material whatsoever, the suspension pending enquiry, is illegal and arbitrary. As it is stated that the petitioner said to have filed an appeal before the Joint Collector on 19.04.2008 along with an application for stay, under clause 20(ii) of the A.P.State Public Distribution System Control Order, 2001, I am not inclined to express any opinion on the merits of the matter. It is stated that the petitioner has been functioning as permanent dealer since 1981 without any complaints and having regard to the facts and circumstances of the case, since the appeal is pending along with the stay application, the writ petition is disposed of directing the first respondent to consider and dispose of the stay application on merits after giving reasonable opportunity to the petitioner. Pending disposal of the stay application, there shall be stay of the impugned order. No costs. _____________ V.ESWARAIAH,J Dt:10.06.2008 GJ