Nayab Afsana, v. The State Of Andhra Pradesh

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.20993 of 2017 ORDER :

This writ petition is filed under Article 226 of the Constitution of India. seeking the following relief: " to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Ref.No.C/ 131/ 2017, dated 12-06-2017 issued by the respondent No.3 ordering cancellation of petitioner appointment as Fair Price Shop Dealer of the Fair Price Shop No.29, Devalampeta, H/ o.S.Somavaram Village, Sambepalli Mandal, Y.S.R.District as arbitrary, illegal, contrary to the GOMs.No.4, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dated 19-02-2011 and violative of the fundamental rights guaranteed to petitioner under Articles 14, 19 & 21 of the Constitution of India and consequently set aside the same and pass such other order or orders as are deemed fit and proper in the circumstances of the case."

Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies for the respondents and perused the averments set out in the affidavit filed in support of the writ petition and also the impugned proceedings. The impugned proceedings dated 12.06.2017 in Ref.No.C/ 131/ 2017 of the 3rd respondent-Revenue Divisional Officer are issued on the main ground that the petitioner has no eligibility even for a temporary appointment,being a final year student of B.A. in a Government College and there is a proof including from the report of the Tahsildar, Sambepalli Mandal. However, the fact remains that before passing the impugned

proceedings, no notice is given to the petitioner and no opportunity is afforded to her, if at all to explain the said conclusion arrived by the Authorities in passing the impugned proceedings, based on the so called report of the Tahsildar. Having regard to the above, by considering the impugned proceedings as show cause notice, the petitioner is permitted to submit an explanation within one week from today and the 3rd respondent is directed to pass final orders, within two weeks thereafter. In the mean time, the impugned proceedings are suspended.

Accordingly, the Writ Petition is disposed of at the stage of admission. No costs.

Consequently, miscellaneous petitions, if any, pending shall stand closed.

_________________________ Dr. B.SIVA SANKARA RAO J, Date:28.06.2017 Note: Issue C.C. on 29.6.2017.

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THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.20993 of 2017 DATE:28.06.2017 pab