M.Prakash, S/O. M.Srinivasulu, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION NO.16654 OF 2015 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies for the respondents. The petitioner was appointed as a Fair Price Shop Dealer of Shop No.48 of O.G.Kuppam Village, Nagari Mandal, Chittoor District. The authorization of the petitioner is valid till 31.05.2015.

While so, the second respondent passed an order on 04.06.2015 based on the report of the Tahsildar cancelling the authorization straight away without issuing notice or giving opportunity to the petitioner. Challenging the said order, the present Writ Petition is filed.

Though the impugned order is liable to be set aside on the ground of violation of principles of natural justice, in order to save time and to avoid unnecessary proceedings, the second respondent is directed to treat the order dated 04.06.2015 as a temporary order issuing show cause notice to the petitioner. The petitioner is given liberty to file explanation to the charges mentioned in the impugned order dated 04.06.2015 within fifteen (15) days from the date of receipt of a copy of this order and the second respondent shall conduct an enquiry observing principles of natural justice and to complete the same within a period of three months. Till conclusion of enquiry by the second respondent, the dealership of the petitioner shall be continued and the petitioner's authorization is restored.

The Writ Petition is, accordingly, disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ________________________ (A.RAMALINGESWARA RAO, J)

12th June 2015 Note: Issue CC by two days B/O RRB