THE HON'BLE SRI JUSTICE NOUSHAD ALI

WRIT PETITION No.21910 of 2011

Date: 03.08.2011

Between:

B. Ramanna

… Petitioner

…

and

The Joint Collector, (Collector to CS), Anantapur District and others.

Respondents

THE HON'BLE SRI JUSTICE NOUSHAD ALI

WRIT PETITION No.21910 of 2011

ORDER :

Heard Sri Kothapalli Ram Mohan Chowdary, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Civil Supplies appearing for the respondents and with their consent the writ petition is being disposed of at the admission stage.

2. The petitioner is a Fair Price Shop dealer in respect of Shop No.1 of Thumucherla Village, Kanaganapalli Mandal, Anantapur District. The 4 th respondent-Tahsildar, O/o. the Regional Vigilance and Enforcement Officer, Anantapur, inspected the shop of the petitioner on 2.7.2011 and found variation of 13.35 quintals of rice and 1.50 quintals of sugar. The inspecting officer,

therefore, seized the stock after conducting panchanama dated 2.7.2011. On a report submitted in that regard, the 3 rd respondent-Tahsildar, Kanaganapalli Mandal, Anantapur District, by proceedings Rc.No.(B) 117/2011, dated 4.7.2011 suspended the authorization of the petitioner. Aggrieved by the said order, the petitioner preferred an appeal to the 2 nd respondent-Revenue Divisional Officer, Dharmavaram, Anantapur District. The 2 nd respondent, while admitting the said appeal, by order in Rc.No.F/DMV/1483/2011, dated 16.7.2011 rejected the application of the petitioner seeking stay of the operation of the orders of the 3 rd respondent on the ground that the irregularities committed by the petitioner are grave in nature. Aggrieved by the said order, the petitioner has filed the present writ petition contending that the 3 rd respondent is not competent to suspend the authorization for a period beyond ninety days, whereas by the impugned order dated 4.7.2011, he has suspended the authorization indefinitely, till finalisation of the proceedings initiated under Section 6-A of the Essential Commodities Act, 1955 before the 1 st respondent-Joint Collector, Anantapur.

3. It is true that the 2 nd respondent, while admitting the appeal, declined to grant stay having regard to the nature of the irregularities alleged to have been committed by the petitioner. But, at the same time, the 2 nd respondent ought to have considered the prima-facie case whether the order passed by the 3 rd respondent is in accordance with the second proviso to Clause 5 (7) of the A.P. Public Distribution System (Control) Order, 2008. Therefore, I deem it appropriate to remand the matter to the 2 nd respondent for reconsideration of the stay application and pass appropriate orders.

4. In the circumstances, the writ petition is disposed of

directing the 2 nd respondent-Revenue Divisional Officer, Dharmavaram, Anantapur District, to consider the application for stay filed by the petitioner keeping in view the second proviso to Clause 5 (7) of the A.P. Public Distribution System (Control) Order, 2008 and pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of three weeks from the date of receipt of a copy of this order. No order as to costs.

JUSTICE NOUSHAD ALI

________________________

03.08.2011.

NOTE: Issue C.C. in two days. (B/O) Msr

THE HON'BLE SRI JUSTICE NOUSHAD ALI

WRIT PETITION No.21910 of 2011

03.08.2011 (Msr)