Pasupuleti Suseela, v. The State Of A.P.,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.7455 of 2016 ORDER:

The order of the 2nd respondent-Revenue Divisional Officer, dated 02.02.2016, canceling the fair price shop dealership license granted in favour of the petitioner, is challenged before this Court. It is submitted by the petitioner that though she had submitted her explanation no opportunity of hearing has been given to the petitioner. Considering the nature of the allegations made, I am not inclined to interfere with the impugned order in writ jurisdiction as there is alternative remedy available. At any rate, as of date a detailed order has been passed by the appointing authority i.e., 2nd respondentRevenue Divisional Officer, which is appealable before the Joint Collector, interest of justice would be served if the writ petition is disposed of giving liberty to the petitioner to avail the alternative remedy of appeal raising all the grounds before the appellate authority and on filing of such appeal, the appellate authority shall dispose of the same in a time bound manner.

Further, in the light of the law laid down by this Court in AnabE-Shahi Wines and Another Vs. Deputy Commissioner[1], subject to the petitioner filing appeal within 15 days from today, there shall be stay of the order dated 02.02.2016 till such time as appellate authority passes orders either in the stay petition or in the main appeal. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

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CHALLA KODANDA RAM, J.

9th March, 2016 Note: Issue C.C. in 3 days.

B/o Ssv [1] (1995) 98 STC 386 (AP)