Kotha Bala Kotaiah, v. State Of Andhra Pradesh, Rep. By Its

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.15651 of 2015 ORDER:

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

2. The petitioner was appointed as a fair price shop dealer of shop No.6, Polireddypalem Village, Kondepi Mandal, Kandukur Revenue Division, Prakasam District. While so, on the basis of the report submitted by the fifth respondent dated 15.09.2014, the third respondent issued a show cause notice dated 05.11.2014, calling for the explanation from the petitioner with respect to two charges leveled against the petitioner. The third respondent passed an order dated 06.03.2015 cancelling the authorization of the petitioner. Challenging the same, the present Writ Petition is filed.

3. When the learned counsel for the petitioner submitted that no show cause notice was issued to the petitioner before canceling the authorization of the petitioner, on the direction of this Court, the record is produced by the learned Government Pleader. The record shows that the show cause notice was served on the petitioner and the petitioner acknowledged the same. In view of the same, the ground raised by the petitioner does not survive for consideration and there is a remedy of appeal against the final order passed by the fifth respondent.

4. In the circumstances, without expressing any opinion on the merits of the case, this Writ Petition is disposed of giving liberty to the petitioner to file an appeal within a period of 15 days form the date of receipt of a copy of this order. It is needless to mention that the appellate authority shall dispose of the appeal after giving due opportunity to the petitioner. No order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_____________________________________ JUSTICE A.RAMALINGESWARA RAO Date: 29.06.2015 TJMR