Sri Vinayaka Mahila Podupu Sangham 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. 24866 of 2015 BETWEEN Sri vinayaka Mahila Podupu Sangham Rep. by its member Smt. M. Bhuvaneswari

...Petitioner

And The State of Andhra Pradesh, Rep. by its Secretary, Consumer Affairs,Civil Supplies (CS.I) Department, Secretariat, Hyderabad and ors.

...Respondents

DATE OF JUDGMENT PRONOUNCED: 07.08.2015.

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

1. Whether reports of Local newspapers may be allowed to see the judgments?

YES/NO

2. Whether the copies of judgments may be marked to Law Reporters/Journals.

YES/NO

3. Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment ?

YES/NO.

HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 24866 of 2015 ORDER:

Heard learned Counsel for the petitioner and learned Government Pleader for the respondents.

It is stated that a member of the petitioner-Sangham, namely M. Bhuvaneswari was appointed as temporary Fair Price Shop Dealer for Shop No. 11 of Jangavandlapalle Village, Chinnagottigallu Mandal, Chittoor District. It appears that the Sarpanch of the said village submitted a complaint on 20.4.2015, based on which, the third respondent conducted a preliminary enquiry and after satisfying with the same, he issued a show cause notice on 18.6.2015 calling for explanation from the petitioner. The petitioner submitted her explanation. Being not satisfied with the same, the third respondent by impugned order dated 14.7.2015 cancelled the authorization of the petitioner. Challenging the same, the petitioner preferred an appeal before the second respondent and when the said appeal is pending disposal, the present Writ Petition is filed.

It is clear from the above facts that the petitioner is only a temporary dealer. The petitioner herself admitted that her husband is working as Secondary Grade Teacher since 2010. The allegation levelled against her relates to distribution of

commodities only on Sundays and she being not residing in the notified village, but residing in Bodireddigari palli village where her husband is working. In the circumstances this Court is not inclined to consider the merits or otherwise of the order passed by the third respondent on 14.7.2015. However, the second respondent is directed to consider and dispose of the appeal preferred by the petitioner after giving due opportunity to her, within a period of sixty days from the date of receipt of a copy of this order.

The Writ Petition is disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.

--------------------------------------------------- JUSTICE A. RAMALINGESWARA RAO DATED 7th August, 2015.

Msnrx