Avula Venkateswara Rao v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P. No. 15069 of 2018 ORDER:

Heard both sides.

2.

A show cause notice of suspension of the fair price shop authorization issued by the Revenue Divisional Officer, Guntur, vide proceedings Rc.No. 3724/ 2017B, dated 19.08.2017 is under challenge in the present writ petition.

3.

According to the learned counsel for the petitioner, Sri V.H.V.R.R.Swami, the impugned action on the part of the respondents is highly illegal, arbitrary and violative of Article 14 of the Constitution of India, besides being opposed to the very spirit and object of the Public Distribution System (Control) Order, 2008. 4.

On the other hand, it is submitted by the learned Government Pleader that since the enquiry is pending pursuant to the impugned show cause notice dated 19.08.2017, it is open for the petitioner herein to participate in the said enquiry and some reasonable time may be granted for completion of the enquiry by the Revenue Divisional Officer.

5.

The material on record discloses that in response to the impugned show cause notice dated 19.08.2017, the petitioner submitted an explanation on 16.02.2018. According to the petitioner, the enquiry is still pending before the Revenue Divisional Officer.

6.

In view of the above, this Court deems it appropriate to dispose of the writ petition with a direction to the Revenue Divisional Officer, Guntur-the 2nd respondent to complete the enquiry pursuant to the impugned show cause notice dated 19.08.2017, after taking into consideration the explanation dated 16.02.2018 filed by the petitioner herein, and pass final orders, strictly in accordance with law, within a period of four weeks from the date of receipt of this order. In the event of failure to pass any orders, as indicated supra, within the time stipulated, the petitioner herein shall be permitted to lift the stock. 7.

The Writ Petition is accordingly disposed of at the admission stage. Miscellaneous applications pending, if any, stand closed. ______________ A.V.SESHA SAI, J Date: 26.04.2018 CC in one week (B/ O) DMG