IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 12342, 12345, 12347, 12349, 12356 and 12367 of 2008 W.P.No.12342 of 2008 Between: S.M. Sharif s/o. Mohd. Sharif 190-Ramapuram Village, Gudipala Mandal, Chittoor District. ..... PETITIONER AND 1 The Joint Collector, Chittoor District. 2 The Revenue Divisional Officer, Chittoor, Chittoor District. 3 The Tahsildar, Gudipala Mandal, Gudipala, Chittoor distirct. .....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 will be pleased to to issue an appropriate writ, order or direction preferably one in the nature of Writ of Madnamus, declaring the order of the 2nd respondent dated 19-05-2008 vide Roc. No.B/1159/08,placing the authorization of Petitioner's Fair Price Shop under suspention as arbitrary, illegal, violative of basis principles of natural justice and contrary to the well established law and consequently set aside the asame and pass Counsel for the Petitioner:MR.J.KANAKAIAH Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES WRIT PETITION NO : 12345 of 2008 Between: G.Ranjithamma S/o.Gunasekhar 189-Kothapalli (H.W) Village, Gudipala Mandal, Chittoor District ..... PETITIONER AND 1 The Joint Collector, Chittoor,Chittoor District 2 The REvenue Divisional Officer, Chittoor chittoor District 3 The Tahsildar, Gudipala mandal,Gudipala Chittoor 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 will be pleased to to issue an appropriate writ order or direction preferably one in the nature of writ of mandamus declaring the order of the 2nd respondent dated 19.5.2008 vide Roc.No.B/1167/2008 placing the authorization of petitioner Fair price shop under suspension as arbitrary, illegal, violative of basic principles of natural justice and contrary to the well established law and consequently set aside the same and pass Counsel for the Petitioner:MR.J.KANAKAIAH Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES WRIT PETITION NO : 12347 of 2008 Between: J.Babu S/o.Jayapal Gudipala Mandal, Chittoor District. ..... PETITIONER AND 1 The Joint Collector, Chittoor, Chittoor District. 2 The Revenue Divisional Officer, Chittoor, Chittoor District. 3 The Tahsildar, Gudipala Mandal, Gudipala, Chittoor 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 will be pleased to to issue an appropriate writ, order or direction preferably one in the nature of Writ of Mandamus, declaring the order of the 2nd respondent dated 19.5.2008 vide Roc.No.B/1171/08, placing the authorization of Petitioner's Fair Price Shop under suspension as arbitrary, illegal, violative of basic principles of natural justice and contrary to the well established law and consequently set aside the same and pass such other or further orders as are necessary. Counsel for the Petitioner:MR.J.KANAKAIAH Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES WRIT PETITION NO : 12349 of 2008 Between: Smt. K. Usha Rani, W/o. S. Janaki Ram Reddy, 189-Kothapalli Village, Gudipala Mandal, Chittoor District. ..... PETITIONER AND 1 The Joint Collector, Chittoor, Chittoor district. 2 The Revenue Divisional Officer, Chittoor, Chittoor district. 3 The Tahsildar, Gudipala Mandal, Gudipala, Chittoor 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 will be pleased to to issue an appropriate Writ, Orderor direction preferably one in the nature of Writ of Mandamus, declaring the orderof the 2nd respondent dated 19-05-2008 vide Roc.No. B/1166/08, placing the authorization of Petitioner'f Fair Price Sho under suspension as arbitrary, illgal, violative of basic principles of natural justice and contrary to the wll established law and consequently set aside the same and pass Counsel for the Petitioner:MR.J.KANAKAIAH Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES WRIT PETITION NO : 12356 of 2008 Between: R. Govinda Raju S/o. A. Raja Gollamadugu Village, Gudipala Mandal, Chittoor District. ..... PETITIONER AND 1 The Joint Collector, Chittoor, Chittoor District. 2 The Revenue Divisional Officer, Chittoor, Chittoor District. 3 The Tahsildar, Gudipala Mandal, Gudipala, Chittoor 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 will be pleased to to issue an appropriate writ, order or direction preferably one in the nature of writ of mandamus declaring the order of the 2nd respondent dated 19.05.2008 vide Roc. No. B/1170/08, placing the authorization of Petitioner's Fair Price Shop under suspension as arbitrary, illegal, violative of basic principles of natural justice and contrary to the well established law and consequently set aside the same and pass Counsel for the Petitioner:MR.J.KANAKAIAH Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES WRIT PETITION NO : 12367 of 2008 Between: S.Armugam S/o.Shanmugam Chikkavaripalle village, Gudpala Mandal Chittoor District ..... PETITIONER AND 1 The Joint Collector, Chittoor ,Chittoor District 2 The REvenue Divisonal Officer, Chittoor Chittoor District 3 The Tahsildar, Gudipala Mandal, Gudipala Chittoor 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 will be pleased to to issue an appropriate writ order or direction preferably one in the nature of writ of mandamus declaring the order of the 2nd respondent dated 19.5.2008 vide Roc.No.B/1161/2008 placing the authorization of petitioner Fair price shop under suspension as arbitrary,illegal, violative of basic principles of natural justice and contrary tothe well established law and consequently set aside the same and pass Counsel for the Petitioner:MR.J.KANAKAIAH Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following common order at the stage of admission: COMMON ORAL ORDER: The petitioners herein are all Fair Price shop dealers/authorizees of Gudipala Mandal, Chittoor District. By the several orders dated 19.5.2008 of the Revenue Divisional Officer, Chittoor, the authorizations of the petitioners have been suspended pending enquiry on allegations of commission of irregularities in the running of the fair price shops. These orders of suspension are challenged in these writ petitions on merits, on various grounds inter alia that the number of cards allotted to the fair price shops have been erroneously reckoned in the impugned orders and also that the allotment and distribution of Control Commodities was made by the petitioners in accordance with the instructions of the concerned Tahsildar/Mandal Revenue Officer and therefore the petitioners cannot be said to have contravened the provisions of the Control Order and are therefore not liable to suspension of their authorizations. These are not issues that ought to be considered in a writ petition in the first instance. A final determination of the guilt or otherwise of the petitioners must be determined by the primary authority under the Control Order, namely the Revenue Divisional Officer, Chittoor. However, since the petitioners’ authorizations have been suspended pending enquiry and they suffer as a consequence, the determination by the RDO should be expeditious. In the circumstances, having heard the learned counsel for the petitioners Sri J. Kanakaiah and the learned Government Pleader for Civil Supplies, the writ petitions are disposed of at the stage of admission directing the Revenue Divisional Officer, Chittoor, to consider and pass final orders determining the commission or otherwise of the irregularities by the petitioners (i.e., the allegations which have given rise to the impugned orders of suspension pending enquiry), expeditiously and in any event within a period of four weeks from today. Needless to record that the Revenue Divisional Officer-the primary determining authority must record reasons for the determination. A copy of the final order shall be communicated to each of the petitioners within the period stipulated above. The writ petition is disposed of as above at the stage of admission. However, there shall be no order as to costs. GODA RAGHURAM, J Date: 16.6.2008 Note: CC as soon as possible Bo cvm