High Court for State of TelanganaWP/30857/2015disposed of no costs

R. Lingappa, v. The State Of Andhra Pradesh, Rep. By Its Principal

2015-09-22A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 30857 of 2015 ORDER:

Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The petitioner was appointed as fair price shop dealer of shop No.37 of J.Rampuram village, Vajrakarur Mandal, Anantapur District. A show cause notice was issued to the petitioner by the 4th respondent on 18.03.2015 in respect of four irregularities and the petitioner submitted his explanation on 24.03.2015, and on the same day, the 4th respondent passed an order of suspension of authorization of the petitioner's fair price shop dealership. Challenging the order of suspension, the petitioner approached this Court by filing W.P.No.11851 of 2015 and the same was disposed of on 22.04.2015 by suspending the order of suspension and directing the 4th respondent to complete the enquiry.

Thereafter, an opportunity was afforded to the petitioner and final order was passed on 12.06.2015 cancelling the authorization of the petitioner's fair price shop dealership. Challenging the said order, the petitioner preferred an appeal before the 3rd respondent and the said appeal was dismissed on 05.08.2015. Challenging the said order, the present writ petition is filed.

Admittedly, against the order of 3rd respondent, there is an alternative remedy of revision available to the petitioner and the petitioner has not availed such remedy. In view of the availability of alternative remedy, where the facts can be appreciated better, this Court is not inclined to entertain the present writ petition at this stage. In the circumstances, liberty is given to the petitioner to avail remedy of revision before the 2nd respondent within a period of fifteen days from the date of receipt of a copy of this order, and as when the petitioner prefers such revision, the 2nd respondent shall consider and dispose of the same in accordance with law within a period of sixty days thereafter.

Giving the aforesaid liberty to the petitioner, this writ petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any pending in this writ petition, shall stand closed. _____________________________ A. RAMALINGESWARA RAO, J Date: 22nd September, 2015 siva