Nuthalapati Koteswari v. The State Of Ap

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 3107 of 2018 O R D E R:

This writ petition is filed challenging the action of respondent No.3-Revenue Divisional Officer, Kandukuru Division, Prakasam District in not supplying the essential commodities to the petitioner in respect of Fair Price Shop No. 17(A), Kalikivai Village, Singarayakonda Mandal, Prakasam District. The case of the petitioner is that through proceedings, dated 05.09.2017, respondent No.3 cancelled her fair price shop authorisation without considering her explanation and without conducting any enquiry. Aggrieved by the same, she preferred an appeal before respondent No.2-Joint Collector, Prakasam District, who in turn, allowed the same by order, dated 09.12.2017, and remanded the matter for fresh consideration within six weeks. She asserts that though six weeks time elapsed, no orders have been passed.

She also asserts that since the appeal is allowed by setting aside the order of cancellation, she is entitled to supply the essential commodities, since her authorisation is subsisting. Learned Government Pleader for Civil Supplies, placed on record the written instructions received from respondent No.3 and submits that the matter was set for enquiry on 22.01.2018, on which date, on a request made by the counsel for the petitioner for an adjournment, the matter was adjourned to 12.02.2018 at 4.00 p.m. It is only for that reason the orders could not be passed.

In view of the above and having regard to the fact that the matter is now slated for hearing on 12.02.2018, the writ petition is disposed of directing respondent No.2 to conclude the enquiry on that date and pass appropriate orders strictly complying with the directions of the appellate authority.

Miscellaneous petitions, if any, pending in this writ petition shall stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:02.02.2018 kdl