Shiva Chakravarthy, v. The Assistnat Supply Officer,

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.7166 of 2009 Dated 30.09.2015 Between:

Ch.Shiva Chakravarthy ... Petitioner and The Assistant Supply Officer Circle III, Saroornagar, Ranga Reddy District and 3 others

...Respondents

Counsel for the petitioner: Mr.Avinash Singh for Mr.A.Prabhakar Rao Counsel for the respondents: GP for Civil Supplies (TS) The Court made the following:

O r d e r :

This Writ Petition is filed for a Mandamus to set aside the order in Proceeding No.45/Proc/ASO III/2009, dated 03.04.2009, of respondent No.1, whereby he has suspended

the petitioner's fair price shop authorisation. At the hearing, the learned Government Pleader for Civil Supplies (TS), on instructions, submitted that when the impugned order was passed, respondent No.1 had only the limited power of suspending the fair price shop authorisation for a period of 90 days.

A perusal of the impugned order shows that respondent No.1 has not limited the suspension for a period of 90 days. Hence, the impugned order is ex facie without jurisdiction. At any rate, as the period of 90 days has expired long back, the impugned order has lost its legal efficacy and validity. Hence, the impugned order is set aside.

The Writ Petition is, accordingly, allowed.

As a sequel, Miscellaneous Petitions, pending if any, stand disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) Dt: 30th September, 2015 LUR