High Court for State of TelanganaWP/13804/2015disposed of no costs

B. Balakotaiah v. State Of Andhra Pradesh

2015-06-01A Ramalingeswara Rao2 pages

THE HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO W.P.No.13804 of 2015

ORDER

Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies for respondents.

2. It is averred in the affidavit filed by the petitioner that he is a resident of Jammulapalem Village of Tangutur Mandal, Prakasam District and he was selected as fair price shop dealer in the year 2009. The 4th respondent, by his letter dated 20.01.2015, addressed to the 3rd respondent, stated that he received a report from the Revenue Inspector alleging certain irregularities committed by the petitioner. The 3rd respondent issued a notice on 10.03.2015. After considering the explanation submitted by the petitioner, the 3rd respondent passed the impugned order on 17.04.2015. Challenging the same, the present writ petition is filed.

3. Learned counsel for the petitioner submitted that the impugned order is passed without giving due opportunity to the petitioner and also by not verifying the record. He further submitted that the petitioner was not given a copy of the complaint alleged to have been submitted by the District Vice President, National Human Rights Commission.

4. As against the impugned order, an appeal is provided and the petitioner is entitled to raise all the grounds before the appellate authority.

5. In the circumstances, the Writ Petition is disposed of, giving liberty to the petitioner to file an appeal before the competent authority within a period of 15 days from the date of receipt of a copy of this order, in the event of which, the

appellate authority shall consider the appeal and pass appropriate orders thereon after giving due opportunity to the petitioner and considering the grounds raised by him in the appeal, within a period of two months thereafter. It is needless to mention that the impugned order will be subject to the orders passed by the appellate authority.

6. The Writ Petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________ A. RAMALINGESWAR RAO, J 1st June, 2015 Note:

Issue CC in two days.

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