← Library
High Court for State of TelanganaWP/9544/2015disposed of no costs

Bogiri Subrahmanyam, v. The State Of Andhra Pradesh,

2015-04-07R.Kantha Rao4 pages

HON'BLE SRI JUSTICE R. KANTHA RAO W.P.No.9544 of 2015 ORDER:

Heard learned counsel appearing for the petitioner and learned Government Pleader for Civil Supplies appearing for respondents 1 to 5.

This Writ Petition is filed seeking to declare the action of the 3rd respondent in suspending the authorization of the petitioner vide proceedings dated 8.10.2014, as arbitrary and illegal. Petitioner is the dealer of fair price shop No.7, Kalasapadu Village, Kalasapadu Mandal, YSR Kadapa District. On 14.9.2014 the Enforcement Deputy Tahsildar, Badvel and the Mandal Revenue Inspector, Kalasapadu, inspected the fair price shop of the petitioner, verified the stock and found certain variations. Based on the report submitted by the 4th respondent, the 2nd respondent issued show cause notice to the petitioner. Thereafter, proceedings under Section 6-A of the Essential Commodities Act, 1955, were initiated against the petitioner. While the petitioner was making efforts to submit his explanation, the 3rd respondent vide proceedings dated 8.10.2014 suspended the authorization of the petitioner.

Learned counsel appearing for the petitioner submits that without giving any notice or opportunity, the 3rd respondent suspended the authorization of the petitioner. Having regard to the aforesaid submissions, and since the proceedings under Section 6-A of the Act are pending against the petitioner, the 3rd respondent-Revenue Divisional Officer,

Rajampeta, is directed to conduct enquiry and pass final order within a period of two months from the date of receipt of a copy of this order.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_____________________ JUSTICE R. KANTHA RAO 7tht April, 2015 rkk