Pampa Chandraseldiar v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.11397 OF 2016 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies.

The case of the petitioner, as seen from the contents of the affidavit of the petitioner, is that he was appointed as fair price shop dealer on permanent basis in respect of F.P. Shop No.15, Korukollu Village, Kalidindi Mandal, Krishna District, in the year 2008. While so, on 04.03.2016, the Regional Vigilance Officers along with Tahasildar conducted raid of his Fair Price shop and found variation in stocks of PDS rice, sugar and K.Oil. To that effect, the Special Deputy Tahsildar filed a report before the 2nd respondent and also before the Joint Collector, Krishna. The 2nd respondent vide proceedings in Rc.D.160/2016 dated 16.03.2016 issued orders suspending authorization of the petitioner pending enquiry. Challenging the same, the present writ petition is filed. Learned counsel for the petitioner submitted that the authorization of the petitioner was suspended even without calling for any explanation from the petitioner. Hence, the impugned proceedings are liable to be set aside.

Having heard the submissions of the learned counsel for the petitioner, considered the variations of stocks and the facts and circumstances of the case, the petitioner is directed to submit his explanation before the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order, upon which, the same shall be considered by the 2nd respondent and appropriate orders be passed thereon after giving an opportunity to the petitioner and after

conducting enquiry in accordance with law.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

In view of disposal of the main writ petition, miscellaneous petitions pending in the writ petition, if any, shall stand closed. _______________________ Challa Kodanda Ram, J 11th April, 2016.

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