THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.16762 and 17642 of 2009 March 11, 2010 Between: Dara Daya Rathanam, S/o.Bhushanam ... Petitioner And The Joint Collector, Prakasam District And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.16762 and 17642 of 2009 COMMON ORDER: These two writ petitions are being disposed of by this common order as they came to be filed in similar background and involve a small issue for consideration. The two petitioners herein and five others are Fair Price Shop (FPS) dealers in various Villages of Parchuru Mandal in Prakasam District. On 27.7.2009, the Revenue Divisional Officer (RDO)–second respondent; issued proceedings Rc.No.G/1321/2009. According to the proceedings, all the seven FPS dealers submitted their resignations expressing their inability to run FPSs due to financial problems and ill- health and requested to accept their resignations. These resignations are forwarded to the Tahsildar, Parchuru, for enquiry and report. Based on the report 18.7.2009, RDO accepted the resignations, which resulted in petitioners losing their FPS authorisation. They therefore filed instant writ petitions. They contend that the Deputy Tahsildar (Enforcement) obtained their signatures on blank white papers and prepared statement and they never submitted resignations. They also contend that within a week thereafter, they sent their petition to the RDO denying their resignations. In the counter affidavits filed by the RDO in both the writ petitions separately, which are on similar terms, reliance is placed on the report dated 18.7.2009 submitted by the Deputy Tahsildar (Enforcement), who allegedly recorded statements of all the seven FPS dealers and submitted report. When there is serious allegation whether the said Deputy Tahsildar obtained signatures of petitioners on blank papers, it may not be proper to rely on the said report. Indeed, petitioner in W.P.No.16762 of 2009 preferred appeal to the Collector (C.S.Wing), Prakasam District. By proceedings in Rc.No.CS2/2538/2009, dated 16.9.2009, appellate authority directed the RDO to conduct enquiry into the question whether petitioner therein submitted resignation. In the background of the case, it would be appropriate course to be followed. Therefore, these two writ petitions are disposed of, setting aside the impugned order passed by the RDO insofar as it relates to petitioners herein and the matter is remitted to the RDO with a direction to conduct enquiry and pass appropriate orders. It shall be open to petitioners to place all the material before the RDO. This exercise may be completed within a period of eight weeks from the date of receipt of a copy of this order and till then except making temporary arrangements, the RDO shall not make regular appointments. The writ petitions, with the above observations and directions, are accordingly disposed of. ______________ March 11, 2010 (V.V.S. RAO, J) YS