ORDER:

Heard learned Counsel appearing for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the respondents and perused the records.

2. Learned Counsel for the petitioner submits that the petitioner is appointed as fair price shop dealer in the year 2009 for shop No.3211018 at Chintapanduvada, Mancherial Town, Mancherial District. Thereafter, the petitioner is elected as Councilor of ward No.23 in Mancherial Municipality. After elected as Councilor, the respondent No.2 issued memo on 27.01.2023 and asked to submit his explanation within three days for continuing as fair price shop dealer. In response to the same, the petitioner has submitted his explanation on 30.01.2023.

3. Learned Counsel for the petitioner submits that the respondent No.2 issued show cause notice on 04.02.2023 stating that the petitioner as a fair price shop dealer violated the rules and regulations in terms of clause 5(6) and 24 of the then A.P. State Public Distribution System (Control) Order, 2008 and directed to submit the explanation on the same. In response to the show cause notice, the petitioner has submitted his explanation. Thereafter, the respondent No.2 passed present impugned order in Proc.No.J1/543/2022 dated 15.02.2023 and suspended the petitioner as fair price shop dealer.

4. Learned Counsel for the petitioner further submits that the respondent authorities suspended the petitioner without mentioning the time limit and continuing suspension until further orders and the said impugned order is liable to be set aside and requested this Court to allow the writ petition by setting aside the impugned order dated 15.02.2023.

5. On the other hand, learned Assistant Government Pleader for Civil Supplies, basing on the counter-affidavit, submits that the respondent No.2 passed impugned order as per the provisions of the G.O.Ms.No.20, Consumer Affairs, Food and Civil Supplies (CS.I-CCS) Department, dated 06.09.2018 and in the said G.O, the general condition of Para No.14 reveals that any individuals holding any Public Office like Sarpanch of Gram Panchayath, President of Mandal Parishad, Members of Mandal Parishad Territorial Constituency (MPTC), Chairman of Zilla Parishad, Presidents of Co-operative Societies, Councilors of Chairman of Municipality/Members of Zilla Parishad, Territorial Constituency (ZPTC) etc., or holding any office of profit irrespective of the reservation shall not be eligible. In the instant case, the petitioner receiving honorarium/salary drawn from the State Government as a member of Councilor of a ward, Mancherial Municipality amounts that the petitioner continuing in office of profit/holding office of profit, hence the petitioner cannot be continued as Fair Shop Dealer and requested to dismiss the Writ Petition. 6. After hearing both sides and perusing the material on record, this Court is of the considered view that the petitioner is working as a fair price shop dealer and elected as Councilor of a Ward No.23 for Mancherial Municipality in the year, 2019. The G.O.Ms.No.52, C.A, F & CS (CS.I)

Department, dated 18.012.2008 which was amended time to time. In G.O.Ms.No.20, Consumer Affairs, Food and Civil Supplies (CS.I-CCS) Department, dated 06.09.2018 issued revised guidelines on appointment of fair price shop dealers as per the Telangana State Public Distribution System (Control) Order, 2016. The relevant portion of the said G.O., at Para No.14 is reads as follows:

“14.1. All individuals holding any Public Office like Sarpanch of Gram Panchayath, President of Mandal Parishad, Members of Mandal Parishad Territorial Constituency (MPTC), Chairman of Zilla Parishad, Presidents of Co-operative Societies, Councilors of Chairman of Municipality/Members of Zilla Parishad, Territorial Constituency (ZPTC) etc., or holding any office of profit irrespective of the reservation shall not be eligible.”

7. In the instant case, the petitioner was elected as a Ward Member of the Mancherial Municipality in the