Palla. Sudhakara Rao, S/O. Late. Venkataramana, v. State Of A.P., Rep. By Its Prl. Secretary, Civil

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 11182 OF 2015 Date: 01-06-2015 Between:

Palla Sudhakara Rao ... Petitioner And The State of Andhra Pradesh, rep.by its Secretary, Civil Supplies Department, Secretariat, Hyderabad and two others.

... Respondents

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 11182 of 2015 O R D E R:

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

The petitioner is a fair-price shop dealer of G.Sigadam Village and Mandal of Srikakulam district. While so, on 27-10-2014, vigilance team made a surprise check in the shop of the petitioner and noticed some variations. After that the second respondent issued a show cause notice dated 02-11-2014 to the petitioner and the petitioner submitted his explanation on 13-11-2014. After considering the explanation submitted by the petitioner, an order was passed on 02-02-2015 by the second respondent cancelling the dealership of the petitioner. Challenging the same, the present writ petition is filed. Learned counsel for the petitioner submits that on the same day the inspection at MLS point was conducted by the vigilance team and noticed some variation in the stock by them. If both the records are compared, there will not be any variation in the stock maintained by the petitioner. But the second respondent without taking the record into consideration passed the impugned order. This is a matter for enquiry and this Court is not inclined to entertain the writ petition at this stage.

In the circumstances, this writ petition is disposed of giving liberty to the petitioner to file an appeal against the order passed by the second respondent dated 02-02-2015 within a period of (15) days from the date of receipt of copy of the order and the appellate authority shall dispose of the appeal within a period of two months after filing of the appeal and till then no permanent arrangement for filling up of vacancy of Fair-price shop conducted by the petitioner shall be made.

In consequence, the miscellaneous petitions, if any, pending in this writ petition shall stand dismissed. No order as to costs. __________________________

A.RAMALINGESWARA RAO, J.

Date: 01-06-2015 Note:

Issue C.C. in three days.

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