M. Tulasi Naik, v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.33256 OF 2015 Between:

M.Tulasi Naik .. Petitioner And The State of A.P. rep. by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat, Hyderabad, and others .. Respondents DATE OF JUDGMENT PRONOUNCED: 09.10.2015 SUBMITTED FOR APPROVAL:

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.33256 of 2015 ORDER:

The petitioner was appointed as a permanent fair price dealer of shop No.39 of Nagulaguddam Thanda and Village, Singanamala Mandal, Anantapur District. The 3rd respondent, by his proceedings dated 23.07.2014, suspended the authorization of the petitioner. Challenging the said order, the petitioner filed W.P.No.22738 of 2014 and this Court, by order dated 20.08.2014, while setting aside the order of suspension, directed the respondents to continue the petitioner as a fair price shop dealer till final orders are passed. Thereafter, the 3rd respondent again issued proceedings dated 02.03.2015 suspending the authorization of the petitioner. Questioning the same, the petitioner filed W.P.No.8371 of 2015. This Court, by order dated 07.07.

2015, disposed of the Writ Petition directing the third respondent to complete the enquiry within a period of thirty days. After receiving the order of this Court, in W.P.No.8371 of 2015 dated 07.07.2015, on 16.07.2015, the 3rd respondent, by the impugned order dated 12.08.2015, cancelled the authorization of the petitioner. Challenging the same, the present Writ Petition is filed. This Court carefully perused the impugned order of cancellation along with charges mentioned against the petitioner and the findings recorded thereon. In view of the reasons assigned in the impugned order, this is not a fit case for entertaining the Writ Petition at this stage since there is a remedy of appeal.

In the circumstances, the Writ Petition is disposed of giving liberty to the

petitioner to avail the remedy of appeal.

Miscellaneous petitions, if any, pending in this writ petition shall stand disposed of. No order as to costs.

_______________________________ A. RAMALINGESWARA RAO,J Date:09.10.2015 usd