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High Court for State of TelanganaWP/27018/2016disposed of no costs

Medigeri Nagesh v. The State Of Telangana,

2016-08-11T.Sunil Chowdary2 pages

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.27018 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the action of the third respondent in suspending the authorization of the petitioner in respect of Fair Price Shop No.24 at Door No.2-94, Lingampally Village, Makthal Mandal, Mahaboobnagar District, as illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies (Telangana).

3. A perusal of the record reveals that the petitioner was appointed as Fair Price Shop Dealer in respect of Shop No.24 at Door No.2-94, Lingampally Village, Makthal Mandal, Mahaboobnagar District 14 years back. It is the case of the petitioner that he has been distributing the essential commodities to the card holders without any complaint whatsoever. While so, the third respondent suspended the authorization of the petitioner in respect of Fair Price Shop No.24 in the month of January, 2016. A perusal of the record further reveals that 6A proceedings under the Essential Commodities Act were initiated against the petitioner and the same was disposed of on 26.03.2016.

4. The only grievance of the petitioner is that the enquiry pending against the petitioner was not disposed of even after lapse of eight months.

5. At the time of argument, the only relief sought by the learned counsel for the petitioner is to direct the third respondent to dispose of the enquiry as expeditiously as possible. The learned Government Pleader for Civil Supplies also consented for the same.

6. Having regard to the facts and circumstances of the case and also the submissions made by learned counsel for both parties, the

third respondent is hereby directed to dispose of the enquiry pending against the petitioner, after affording a reasonable opportunity to him, as expeditiously as possible, preferably within a period of two (2) months from the date of receipt of a copy of this order, failing which, the third respondent is further directed to restore the authorization of the petitioner in respect of Fair Price Shop No.24 at Door No.2-94, Lingampally Village, Makthal Mandal, Mahaboobnagar District.

7. With the above direction, the Writ Petition is disposed of. No costs.

8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 11.08.2016 Ivd