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High Court for State of TelanganaWP/10853/2018disposed of no costs

Anumolu Venkateswarlu, v. The State Of Andhra Pradesh,

2018-04-03A V Sesha Sai2 pages

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.10853 of 2018 ORDER:

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

When the matter is taken up it is brought to the notice of this Court that, when a similar issue came up for consideration before this Court in W.P.No.1477 of 2018, this Court disposed of the said Writ Petition by way of an order, dated 22.01.2018. A copy of the said order is placed on record. In the said Writ Petition this Court observed that, so long as the fair price shop authorization of the petitioner is in force, the dealer is entitled to release the stock for distribution of the same to the card holders and this Court directed respondent Nos.3 and 4 therein to release the stock so long as the Fair Price shop authorization subsists and continues to be in force. In the instant case als o, as against the order of cancellation of Fair Price shop dealership passed by the third respondent on 06.01.2018, the petitioner herein filed a statutory appeal before the Joint Collector-second respondent herein who, by way of an order, dated 09.03.2018, remanded the matter to the third respondent for fresh consideration by affording opportunity to the petitioner herein to represent his

case duly furnishing the copies of all the documents mentioned in Ref Nos.16 to 18.

In view of the orders of this Court referred to supra, and as the situation in the present Writ Petition is also the same, this court deems it appropriate to dispose of the Writ Petition, directing the respondent Nos.3 and 4 to release the stock so long as the Fair Price shop authorization of the petitioner remains in force. Since it is brought to the notice of this Court that, after remand by the Joint Collector, the Revenue Divisional Officer also initiated fresh enquiry and the matter stands posted to 04.04.2018, it is needless to observe that the petitioner herein shall cooperate with the said enquiry. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions in this Writ Petition, if any, shall stand closed.

__________________ A.V.SESHA SAI,J 03rd April, 2018 Note:

Furnish C.C. of the order within one week.

B/o Tsy