ORDER:

1. This writ petition under Article 226 of Constitution of India is filed, challenging proceedings in Rc.CS3/278/2019, dated 13.09.2019, issued by second respondent, suspending the authorization of petitioner for Fair Price Shop No.1323008, Alasandagutty village, Adoni Mandal, Kurnool District, declare the same as illegal and arbitrary, consequently set aside the same.

2. The petitioner was appointed as Fair Price Shop dealer for shop No.1323008, Alasandagutty village, Adoni Mandal, Kurnool District vide proceedings Rc.M.293/2018 dated 19.03.2018, duly following procedure, by third respondent. since the date of appointment, petitioner was distributing essential commodities to card holders without any interruption, there are no complaints either from card holders or from authorities.

3. While the matter stood thus, second respondent herein/District Collector issued impugned proceedings in Rc.CS3/278/2019, dated 13.09.2019, suspending authorization of petitioner for Fair Price Shop No.1323008, Alasandagutty village, Adoni Mandal, Kurnool District. The petitioner specifically contended that as seen from order of second respondent, it seems that fourth respondent herein/Tahsildar, Adoni Mandal, Kurnool District, submitted his report dated 21.08.2019, contending that on complaint of villagers, for irregularities in distribution of essential commodities, Mandal Revenue Inspector, Adoni and Village Revenue Officer, Alasandagutty, inspected Fair Price Shop No.1323008, verified ground balance and balance as per e-Pos device, found no variation in the stock, but the petitioner did not produce authorization certificate, but distributing essential commodities of less weight to card holders.

4. Based on report of fourth respondent, second respondent alleged that petitioner has violated Clause No.29 (a) and 10 (d) of A.P State Targeted Public Distribution System (Control) Order, 2018 (for short Control Order, 2018), exercising power under Clause 8(4) of Control Order, 2018, the appointing authority, without giving any opportunity, issued the impugned proceedings. The petitioner further alleged that he has not violated any clauses of Control Order, 2018 and complying all the clauses. He specifically contended that if really Mandal Revenue Inspector, Adoni and Village Revenue Officer, Alasandagutty inspected the shop, they have to conduct panchanama for the alleged violation mentioned above and seize the stock under the cover of mediators report, copy of the same has to be furnished to petitioner. But as seen from the order, petitioner is not maintaining stock properly as per record, passed order under Clause 8 (4) of Control Order, 2018, without conducting any enquiry, thereby the order is illegal and irregular.

5. Fourth respondent filed petition to vacate interim order along with counter. The Tahsildar, Adoni is the deponent of counter affidavit, submitted that the petitioner had committed grave irregularities, hence, second respondent issued separate suspension order. The irregularities are that there are complaints from card holders, against dealers with regard to distribution of essential commodities to card holders, team of officers consisting of Mandal Revenue Inspector, Adoni and Village Revenue Officer, Alasandagutty who have been deputed for inspection and enquire into matter, during inspection, team of officers has noted shortage of 6.11 quintals of PDS rice, which is clear violation of Clause 29 (a) of Control Order, 2018, as variation is far exceeding the permissible variation of 1.5%, as per Clause 29 (a) of Control Order, 2018.

6. The dealer also failed to produce the authorization, which is violation of Clause 7 (1) of Control Order, 2018. It is further asserted that petitioner used to distribute essential commodities with 10 kgs container with less weighment to card holders, which is violation of Control Order, 2018, thereby initiated proceedings and passed order under Clause 8 (4) of Control Order, 2018 for clear contrav