C. Kumar Reddy, v. The State Of Andhra Pradesh, Rep. By Its Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.33767 of 2015 Between:

C.Kumar Reddy.

....Petitioner and The State of Andhra Pradesh, Rep.by its Secretary, Consumer Affairs, Food and Civil Supplies (CS.I) Department, Secretariat, Secretariat Buildings, Hyderabad, And others.

....Respondents JUDGMENT PRONOUNCED ON : 12.10.2015 THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO :

1. Whether Reporters of Local newspapers : Yes may be allowed to see the Judgments?

2. Whether the copies of judgment may be : No

Marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to : No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.33767 of 2015 ORDER:

The petitioner was appointed as a fair price shop dealer of shop No.31 of Uggireddipalli, Hamlet of Allapalli, O.D.Cheruvu Mandal in Anantapuramu District in the year 2011. The shop was inspected and the third respondent submitted a report on 13.03.2015. The second respondent issued a show cause notice-cum-suspension order on 08.04.2015 framing six charges against the petitioner. The petitioner filed W.P.No.13717 of 2015. But, the said Writ Petition was disposed of on 01.06.2015 directing the second respondent to conduct enquiry and pass final orders thereon. Now, an order was passed on 17.07.2015 cancelling the authorisation. Challenging the same, the present Writ Petition is filed.

A perusal of the impugned order dated 17.07.2015 shows that in respect of each charge, the petitioner submitted the explanation denying the charges, but in respect of the charges, findings recorded are that the explanation submitted by the petitioner was not correct. No enquiry appears to have been conducted in respect of the charges.

In the circumstances, this Court is constrained to set aside the impugned order dated 17.07.2015 and direct the second respondent to conduct an enquiry by giving due opportunity to the petitioner and pass final orders thereon, within a period of sixty days from the date of receipt of a copy of this order.

The Writ Petition is, accordingly, allowed to the extent indicated above. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 12.10.2015 vs