Gurrala Venkata Reddy v. The State Of Telangana

HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.422 of 2020 ORDER:

The petitioner challenges the order of suspension dt.02.01.2020 of Fair Price Shop Dealership of Shop No.2233013, situated at Kodavatimetta Village, Tallada Mandal, Khammam District. He is challenging the said order primarily on the ground that there is no application of mind by the Revenue Divisional Officer, Kallur, Khammam District, and he has mechanically passed the said order by referring to the report submitted by the Tahsildar, Tallada Mandal, without recording any reasons.

2.

Learned counsel for the petitioner sought to contend that on merits, the view taken by the Revenue Divisional Officer is not sustainable to suspend the Fair Price Shop authorization of the petitioner with reference to the illegalities pointed out therein.

3.

This Court is not expressing any opinion on the merits of the issue as fairly submitted by the learned Assistant Government Pleader that the matter can be remanded to the Revenue Divisional Officer for fresh consideration. 4.

Therefore, without expressing any opinion on the merits of the issue, the impugned order dt.02.01.2020 is set aside

PNR,J W.P.No.422 of 2020 and the matter is remanded to the Revenue Divisional Officer, Kalluru, for consideration of the issue on merits. If he intends to suspend the Fair Price Shop Dealership of the petitioner, he shall look into all aspects while considering the report of the Tahsildar, and assign reasons in support of his decision and pass appropriate orders.

5.

Accordingly, this writ petition is allowed. No order as to costs.

6.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

____________________________ JUSTICE P. NAVEEN RAO 08.01.2020.

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PNR,J W.P.No.422 of 2020 HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.422 of 2020 08.01.2020 Msr