High Court for State of TelanganaWP/14842/2016disposed of no costs

Bommireddy Venkataramanamma, v. The State Of Andhra Pradesh,

2016-04-27Challa Kodanda Ram2 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.14842 of 2016 ORDER:

This writ petition is filed for a mandamus declaring the action of the 2nd respondent in canceling the authorization of the petitioner vide proceedings No.Rc.F/4372/2015 dated 11.04.2016 as illegal and arbitrary.

It is the case of the petitioner that he was appointed as permanent fair price shop dealer in respect of Shop No.50, Ramachandrapuram Village of Darsi Mandal, Prakasham District. On the basis of the report dated 10.12.2015 submitted by the Deputy Tahasildar, Darsi, the 2nd respondent issued a show-cause notice to the petitioner on 28.12.2015. Though the petitioner submitted his detailed explanation to the charges leveled against him, without considering the same, the 2nd respondent issued proceedings dated 11.04.2016 cancelling the authorization of the petitioner. Aggrieved by the same, the petitioner filed the present writ petition.

Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. Having considered the submissions made on behalf of the petitioner and considering the fact that the 2nd respondent had already cancelled the authorization of the

petitioner, no useful purpose would be served in keeping the writ petition pending.

In the circumstances, the writ petition is disposed of directing the petitioner to avail the alternative remedy of appeal before the Joint Collector against the impugned order passed by the 2nd respondent. Therefore, the petitioner shall file an appeal before the Joint Collector within a period of 30 days from the date of receipt of copy of this order. As and when such appeal is filed by the petitioner, the Joint Collector is directed to dispose of the said appeal within a period of six weeks from the date of filing of such appeal, after taking into consideration of the explanation submitted by the petitioner and after conducting independent enquiry into the charges framed against the petitioner. Till the disposal of the appeal, there shall be interim stay of the order dated 11.04.2016. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

___________________________ CHALLA KODANDA RAM, J 27th April 2016.

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