T SURYANAYAK Vs. DISTRICT COLLECTOR KHAMMAM

JUDGEMENT

(1.) This writ petition is filed to declare the order issued by the 1st respondent in proceedings, dated 15.10.2005, as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to restore the authorization of the petitioner's fair price shop.

(2.) The petitioner is a Fair Price Shop Dealer, Banapuram village of Mudigonda Mandal, Khammam District. Basing on the allegations that the petitioner has committed certain irregularities in supplying the essential commodities, a show-cause notice, dated 11.10.2002, was issued framing the following four charges:

(3.) The petitioner filed his explanation on 28.10.2002. After considering the explanation, the Revenue Divisional Officer, Khammam, held that all the four charges have been proved beyond reasonable doubt, and that the petitioner was not maintaining true and correct accounts and involved in clandestine business diverting the PDS commodities into black market to get more benefits, and accordingly, the dealership has been cancelled vide his proceedings Rc.No.C2/1258/2002, dated 29.10.2002. Against the said order, the petitioner filed an appeal in Appeal No.D/610/2002 before the Joint Collector, Khammam, who is the appellate authority, and the appellate authority by his order, dated 25.1.2003, dismissed the appeal. Against the said order, the petitioner filed a revision in Revision No.D/123/2002 before the District Collector, which was also dismissed on 15.10.2005. Aggrieved by the same, the present writ petition has been filed.