KOPPALA SANYASI Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) In this writ petition the important question that arises is, whether the Mandal Revenue Officer is competent and having jurisdiction to issue authorisation to fair price shops and establishments under the provisions of the A.P. Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973.

(2.) The Writ petitioner is the permanent dealer appointed under the provisions of the AP. Scheduled Commodities Order, 1973 and while so by the impugned order dated 21-10-1991 the Mandal Revenue Officer, Anakapalle, on the ground that some inquiry is pending against the petitioner in the matter of alleged transportation of two bags of sugar, has authorised the 3rd respondent herein to distribute the scheduled commodities to the card holders covered by the shop of the petitioner until further orders and consequently' directed the concerned officer to allot the stocks of scheduled commodities to the 3rd respondent instead of the petitioner for purposes of distribution. Aggrieved of this order, the petitioner invoked the jurisdiction of this Court under Art.226 of the Constitution of India.

(3.) Heard the learned Government Pleader. It is submitted by the learned counsel, Sri V.S.R.Murthy, that under clause (3) of the A.P. Scheduled Commodities Order, 1973 it is the Revenue Divisional Officer or the Sub-Divisional Magistrate that is vested with the jurisdiction to issue authorisation in so far as the districts in the State are concerned, and that the Mandal Revenue Officer has absolutely no jurisdiction to issue the authorisation and consequently withdraw supply of the commodities to the petitioner for purposes of distribution to the card-holders.