P. Vengaiah v. State Of Andhra Pradesh Rep. By Its Ex-Officio Secretary ,

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.28815 of 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the inaction on the part of the 2nd respondent in not disposing of the appeal of the petitioner, as illegal and arbitrary.

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

3. A perusal of the record reveals that the petitioner was appointed as fair price shop dealer in respect of Shop No.5, Nandipadu Village, Duttalur Mandal, Nellore District. On 03.04.2016, the 4th respondent visited the shop of the petitioner and found some variations in the stock. Then the 4th respondent submitted a report to the 3rd respondent. Basing on the report submitted by the 4th respondent, the 3rd respondent suspended the authorization of the petitioner by the impugned proceedings in Rc.B.1708/2016, dated 09.05.2016. Feeling aggrieved by the orders of the 3rd respondent, the petitioner filed an appeal before the 2nd respondent along with the stay petition. The predominant contention of the petitioner is that the 3rd respondent suspended the authorization of the petitioner, without issuing prior notice. For one reason or the other, the 2nd respondent has not disposed of the stay petition as well as the appeal.

4. At the time of the arguments, the only relief sought by the learned counsel for the petitioner is to direct the 2nd respondent to dispose of the appeal filed by the petitioner as expeditiously as possible. Learned Assistant Government Pleader also consented for the same.

5. Having regard to the facts and circumstances of the case and in view of the submissions made by both the counsel, the 2nd respondent is hereby directed to dispose of the appeal filed by the petitioner challenging the orders of the 3rd respondent in Rc.B.1708/2016, dated 09.05.2016, as expeditiously as possible, preferably within one month from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

____________________ T.SUNIL CHOWDARY, J Date: 27.08.2016.

BSS HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.28815 of 2016

Date: 27.08.2016 BSS