B.Krishna v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION NO.16704 OF 2015 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies for the respondents. The petitioner was appointed as a Fair Price Shop Dealer of Shop No.396, Deendayalnagar, Neredmut, Malkajgiri, Ranga Reddy District. His authorization is valid up to 31.03.2015.

While so, on 25.05.2015, the fourth respondent visited the shop of the petitioner and found some variations. However, the second respondent passed an order on 27.05.2015 suspending the authorization of the petitioner on the sole ground that the shop is being run by a binami, J.Mangesh. No opportunity was given to the dealer to submit his explanation. The proceedings in respect of which the panchanama was conducted are altogether different and they may lead to 6-A proceedings but this Court is not concerned with the same. In view of the non-observation of principles of natural justice while issuing the order dated 27.05.2015, this Court is constrained to set aside the impugned order and the impugned order is, accordingly, set aside and the Writ Petition is allowed. However, this will not prevent the second respondent from issuing show cause notice and conducting enquiry in accordance with law. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ________________________ (A.RAMALINGESWARA RAO, J) 12th June 2015 RRB