Penumala Ramayya v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 5734 of 2018 O R D E R:

This writ petition is filed seeking to declare the action of respondent No.3-Revenue Divisional Officer, Vizianagaram in not considering the order, dated 29.06.2017, passed by respondent No.2-Joint Collector in C.C.No.240/2016-G6 for restoration of the authorisation of the petitioner in respect of Fair Price Shop No.13, situated at Palligandredu Village, Gurla Mandal, Vizianagaram District, as illegal and arbitrary.

The case of the petitioner is that respondent No.3 had suspended his authorisation pending enquiry by order, dated 25.10.2016. Thereafter, respondent No.2 passed order, dated 29.06.2017, imposing penalty of Rs.10,000/- and reinstated the petitioner's authorisation. Now, the grievance of the petitioner is that respondent No.3 without considering the said order, had issued a show cause notice, dated 24.07.2017, alleging certain irregularities as alleged in the order, dated 25.10.2016, for which, he had also submitted explanation, but no action has been taken thereon.

Learned counsel for the petitioner submits that respondent No.3 may be directed to consider the explanation submitted by the petitioner pursuant to the show cause notice, dated 24.07.2017, and pass appropriate orders on merits after taking into consideration the order passed by respondent No.2.

Learned Government Pleader for Civil Supplies appearing for the respondents does not oppose the request made by the learned counsel for the petitioner.

In those circumstances, the writ petition is disposed of directing respondent No.3 to consider the explanation submitted by the petitioner pursuant to the show cause notice, dated 24.07.2017, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order, after taking into consideration the order passed by respondent No.2. 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:09.03.2018 kdl