B.Appala Naidu, v. State Of Andhra Pradesh,

HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.4528 of 2015 ORDER:

Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Civil Supplies-Respondents 1 to 4.

2. This writ petition is filed seeking writ of Mandamus declaring the impugned proceedings of the 3rd respondent passed in Letter No.741/2014/G dated 16.07.2014, as illegal and arbitrary.

3. It is submitted that the petitioner is a permanent FP shop dealer of Lingalavalasa Village, Bhogapuram Mandal, Vizianagaram District. On a complaint of one Oduru Narasimhulu, the 4th respondent inspected the shop of the petitioner and submitted a report to the Revenue Divisional Officer, Vizianagaram. Basing the said report, the 3rd respondent-RDO, passed impugned order dated 16.07.2014 suspending the authorisation of the petitioner, without indicating the reasons for suspension and without affording opportunity of hearing. Hence, he filed the present writ petition to set aside the impugned proceedings.

4. In view of the judgment of the Division Bench in WAMP No.343 of 2015 in WA No.118 of 2015, this Court is not inclined to examine the suspension order at this stage. Though, the suspension order was passed on 16.07.2014, so far no enquiry has been conducted. The 3rd respondent-Revenue Divisional Officer, Vizianagaram, is under a duty to conduct enquiry and pass final orders within 90 days from the date of the order of suspension.

5. In the aforesaid circumstances, the 3rd respondent-Revenue Divisional Officer, Vizianagaram, is directed to conduct enquiry and pass appropriate final orders, within a period of two weeks from the date of receipt of a copy of this order,

failing which the suspension shall stand revoked.

6. The writ petition is accordingly disposed of. No order as to costs. Pending miscellaneous petitions, if any, in this writ petition shall stand dismissed in consequence.

_________________ R. KANTHA RAO, J Date: 26.02.2014 BSS HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.4528 of 2015

Date: 26.02.2015 BSS