Sri Doppa Lingaiah, S/O Narayana, v. The Joint Collector, Srikakulam.
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.36164 of 2012 05.06.2015 Between:
Doppa Lingaiah
...Petitioner
And The Joint Collector, Srikakulam and others
...Respondents
Counsel for the petitioner: Mr.T.Rajinikanth Reddy Counsel for the respondents: Government Pleader for Civil Supplies (AP) The Court made the following:
ORDER:
This writ petition is filed for a mandamus to set aside proceedings, dated 29.09.2012 of respondent No.2, whereby while issuing show cause notice to the petitioner, who is the fair price shop dealer of Jadupudi Village, Kanchili Mandal, Srikakulam District, he suspended the petitioner's authorization. This Court, by order, dated 23.11.2012, in W.P.M.P.No.45954 of 2012, suspended the impugned proceedings.
Learned Government Pleader for Civil Supplies (AP), on instructions, submitted that on the strength of the aforesaid interim order of this Court, the petitioner is being continued as the fair price shop dealer and that the enquiry before respondent No.2 is pending.
Inasmuch as the impugned proceedings are in the nature of interim suspension order pending the enquiry and the petitioner is being continued as the fair price shop dealer on the strength of the interim order of this Court, it is appropriate to direct respondent No.2 to complete the enquiry and pass a final order after giving an opportunity of being heard to the petitioner. In the above view of the matter, the Writ Petition is disposed of with the direction to respondent No.2 to complete the enquiry, pass a final order after giving an opportunity of being heard to the petitioner and communicate the same to the petitioner, within a period of three months from the date of receipt of a copy of this order. Till this process is completed, the petitioner shall be continued as the fair price shop dealer.
As a sequel to disposal of the writ petition, W.V.M.P.No.494 of 2014 shall stand disposed of as infructuous.
__________________________ C.V.NAGARJUNA REDDY, J 05th June, 2015 GHN