P NAGESWARA RAO Vs. DISTRICT COLLECTOR KURNOOL DISTRICT

JUDGEMENT

(1.) THIS Writ Petition is filed to declare the order of the 2nd Respondent-Revenue Divisional Officer, Nandyal, Kurnool District, passed in Proceedings Rc.No.A.3113/2011, dated 19-12-2011 suspending the fair price shop authorization of the petitioner, pending enquiry, as illegal.

(2.) THE petitioner is a fair price shop dealer of U.Bollavaram Village, Mahanandi Mandal, Kurnool District. On receipt of complaints from the cardholders, the 3rd Respondent-Tahsildar conducted enquiry and submitted a report to the 2nd Respondent-Revenue Divisional Officer that the petitioner was not distributing essential commodities to the cardholders regularly and that he closed the shop during working hours besides failing to remit challan for drawing essential commodities and that the petitioner is working as President of Kurnool District Fishermen Cooperative Society. On a consideration of the said report, the 2nd Respondent initiated proceedings under the Andhra Pradesh State Public Distribution (Control) Order, 2008 and suspended the authorisation pending enquiry. The 2nd Respondent also issued separate show cause notice dated 19-12-2011 seeking explanation of the petitioner for cancellation of the authorization.

(3.) THE learned counsel for the petitioner relying on the fact that suspension order and show cause notice were issued simultaneously, would contend that the impugned order is vitiated being violative of clause (5) of the A.P. State Public Distribution System (Control) Order, 2008 since the same has been passed without waiting for the explanation, thus denying opportunity to the petitioner. He would further submit that the petitioner has not committed the alleged irregularities and that in any event the allegations are not serious so as to warrant suspension. He would therefore contend that the impugned order is liable to be set aside.