S. Chandra Kala, v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.9607 OF 2016 ORDER:

This writ petition is filed questioning the action of the 3rd respondent in not supplying the essential commodities to the petitioner's Fair Price Shop No.28 of Dammalapadu Village, Muppalla Mandal, Guntur District.

It is submitted by the learned counsel for the petitioner that a show cause notice dated 1.7.2016 was issued to the petitioner alleging certain irregularities and as a matter of fact the petitioner submitted her detailed explanation to the said show cause notice. Though explanation was submitted on 06.07.2015 neither enquiry conducted nor final orders passed. As the authorization in favour of the petitioner is neither suspended nor cancelled, the petitioner is entitled to the relief claimed.

Learned Government Pleader for the respondents on instructions submits that the enquiry is posted to 30.03.2016 and the same will be completed on the same day.

Having considered the submissions made on behalf of both the parties and having considered the fact that the petitioner had approached this court almost after ten months of the show cause notice, it is not a fit case for interference of this Court at this stage. However, considering the fact that the enquiry is likely to be conducted on 30.03.2016, interest of justice would be served if a direction is issued to the 2nd respondent-R.D.O to complete the enquiry strictly following the due procedure on the same day itself i.e., on 30.03.2016. If the 2nd respondent is failed to complete the enquiry as directed by this Court, the petitioner shall be allowed to distribute the essential commodities till final orders are passed in enquiry. With the above direction, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in the

writ petition, shall also be closed.

______________________________ CHALLA KODANDA RAM, J.

Date:23.03.2016.

Ssv/Gk.