M.Devullu, v. Prl.Secy., Food And Civil Dept., State Of A.P.,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.5649 of 2018 ORDER:

In this Writ Petition, petitioner challenges the order, dated 18.12.2015, by which, the third respondent - Revenue Divisional Officer, Peddapuram, East Godavari District, having found that he committed certain irregularities in violation of the provisions of the Andhra Pradesh State Public Distribution System (Control) Order, 2008, dissolved his authorization with respect to Fair Price Shop No.38 of K.A.Mallavaram Village, Kotananduru Mandal, East Godavari District.

Learned counsel for the petitioner submits that against the impugned order, an appeal has already been filed by the petitioner before the second respondent - Joint Collector, Rajahmundry, East Godavari District, who in turn, called for a report from the fifth respondent - Tahsildar, Kotananduru Mandal, East Godavari District, and that the fifth respondent conducted enquiry and submitted a report, dated 13.04.2017 to the District Collector (Civil Supplies), giving a clean chit to the petitioner, as such, the second respondent may be directed to dispose of the appeal duly taking into consideration the report,

CKR, J W.P.No.5649 of 2018 dated 13.04.2017 of the fifth respondent and restore the petitioner's authorization.

Heard learned Government Pleader for Civil Supplies appearing for the respondents.

Having considered the respective submissions, it is to be noted that the appeal stated to have been filed by the petitioner against the impugned order as far back as on 12.01.2016 is pending before the second respondent and the second respondent called for a report from the fifth respondent, who in turn, submitted his report on 13.04.2017 itself.

In those circumstances, this Court without going into the merits of the matter, disposes of the Writ Petition with the direction to the second respondent to consider and dispose of the appeal stated to have been filed by the petitioner, on merits, duly taking into consideration the relevant material, within a period of six (6) weeks from the date of receipt of a copy of this order. Miscellaneous Petitions, if any pending shall stand closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 21st FEBRUARY, 2018.

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