S.A.Ali Khan v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.17654 of 2015 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. The Writ Petition is being disposed of at the stage of admission with the consent of parties.

The petitioner was appointed as a fair price shop dealer of fair price shop No.11 of Muchalapuri Village, Sanjamala Mandal, Kurnool District. While so, based on the report of the fourth respondent dated 16.04.2015, the third respondent suspended the authorization of the petitioner by proceedings dated 30.04.2015 on the following irregularities:

1.

That the F.P.Shop dealer has not maintained records in proper way. 2.

That the F.P.Shop dealer has failed to display the cards list in front of the shop. 3.

That the F.P.Shop dealer has failed to open the F.P. Shop in Govt. timings. 4.

That the F.P.Shop dealer has not exhibited the stock cum price board. 5.

That the F.P.Shop dealer has not maintained electronic weigh machine. Challenging the same, the petitioner preferred an appeal, along with stay petition, to the second respondent. The second respondent neither disposed of the appeal nor the stay petition. Hence the Writ Petition. This Court perused the allegations against the petitioner. The allegations are technical in nature and trivial. They do not warrant suspension of authorization for conducting an enquiry. In the circumstances, the order passed by the third respondent, to the extent of suspending the authorization pending enquiry, is set aside. The third respondent is directed to complete the enquiry within a period of three months from the date of receipt of a copy of this order, duly observing the principles of natural justice. Needless to observe that the appeal preferred by the petitioner before the second respondent becomes infructuous by this order.

The Writ Petition is, accordingly, disposed of at the stage of admission.

Miscellaneous petitions, if any, pending in this writ petition shall stand disposed of. No order as to costs.

_______________________________ A. RAMALINGESWARA RAO,J Date:18.06.2015 usd