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High Court for State of TelanganaWP/6118/2015disposed of no costs

R. Muniswamy Reddy, S/O. R. Muni Reddy, v. The State Of Andhra Pradesh, Rep.By Its

2015-12-29M.S.Ramachandra Rao3 pages

IN THE HIGH COURT OF JUDICATURE, AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH **** W.P.NO. 6118 OF 2015 Between:

1. R. Muniswamy Reddy S/o R. Muni Reddy (died) LR-2

2. R. Pakkireddy S/o late Muniswamy Reddy ....Petitioners A n d The State of Andhra Pradesh, Represented by its Principal Secretary,Consumer Affairs, Food & Civil Supplies Department and three others . ....Respondents DATE OF ORDER: 29.12.2015

HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION NO. 6118 OF 2015 O R D E R:

In this Writ Petition, the sole petitioner herein had questioned the order dated 8.7.2010 passed by the 4th respondent suspending his fair price shop dealership authorization. The sole petitioner died on 17.4.2013 and his son has impleaded as second petitioner in the Writ Petition.

Admittedly no enquiry has been conducted by the respondents against the first petitioner till he died. Therefore, the order of suspension of the first petitioner's fair price shop dealership authorization has to be quashed since the enquiry into the allegations ought to be completed within 90 days as per the decision of this Court i n Joint Collector, Kurnool and others vs. A, Neelima[1].

Since the first petitioner is not alive any more, it is open to the second petitioner to submit an application for consideration of his case for appointment on compassionate grounds, as per G.O.Ms.No. 4 dated 28.2.2014, to the third respondent and the third respondent shall consider the same in accordance with the law within four weeks from the date of receipt of a copy of the said application without reference to the

impugned suspension order dated 8.7.2010 against 1st petitioenr.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 29.12.2015 KA [1] 1996 (1) APLJ 285 (HC)