R.Obulamma, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 12032 of 2016 ORDER:

The petitioner has been appointed as Fair Price Shop Dealer for Shop No.26 of J.Kothapalli Viilage, C.K.Dinne Mandal, YSR District. While so, based on the report submitted by the fourth respondent-Tahsildar, the third respondent-Revenue Divisional Officer issued the impugned proceedings dated 27.02.2016 suspending the authorization of the petitioner as Fair Price Shop Dealer. Questioning the same, the present writ petition is filed.

2. Heard the learned Counsel for the petitioner and learned Government Pleader for Civil Supplies appearing for the respondents.

3. On an earlier occasion, this Court considered the similar issue by referring the decisions of this Court in D.Sambasiva Rao Vs. Joint Collector, Guntur {2007(6)ALT 239}, which was subsequently followed by this Court in M.Venkata Ramaiah Vs. Joint Collector (CS), Ananthapur District {2014 (4) ALT 542}, Joint Collector, Kurnool vs. A. Neelima (APLJ-1996-1-285) and opined that the continuation of order of suspension indefinitely would be only arbitrary and could not be allowed. However, what is reasonable period of suspension will vary from case to case depending upon various factors, though more often than not, a period of 90 days should ordinarily be sufficient to conclude the enquiry.

4.

In the light of the aforesaid discussion the third respondent-Revenue Divisional Officer is directed to consider the

matter afresh and pass appropriate final orders within a period of six weeks from the date of receipt of a copy of this order by duly observing the principles of natural justice and affording an opportunity of being heard to the petitioner. Till the completion of enquiry, the impugned proceedings issued by the third respondent stand suspended.

Subject to the above, the Writ Petition is disposed of at the admission stage. As a sequel, the miscellaneous petitions, if any, shall stand closed. No order as to costs.

_________________________________________ JUSTICE CHALLA KODANDA RAM April 12, 2016 LMV