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High Court for State of TelanganaWP/2263/2015allowed no costs

G.Satyavathi v. State Of Andhra Pradesh, Civil Supplies Department,

2015-11-30M.S.Ramachandra Rao4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE R.KANTHA RAO WP .NO:2263 of 2015 Between:

G.Satyavathi W/o Appala Narayana, Occ: Fair Price Shop Dealer (Under suspension), F.P.Shop of Mutcherla village, Gajapatinagaram Mandal, Vizianagaram District.

..... Petitioner AND 1 State of Andhra Pradesh, Civil Supplies Department, Secretariat, Hyderabad. Rep. by its Secretary.

2 The Joint Collector, Vizianagaram District. 3 The Revenue Divisional Officer, Vizianagaram, Vizianagaram District. 4 The Tahsildar, Gajapathinagaram Mandal, Gajapathinagaram, Vizianagaram District.

.......Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ of Mandamus or any other appropriate writ or direction declaring the proceedings of the 2nd respondent issued in FPSAP No.187/2014/G8, dated 7.1.2015 confirming the order of the 3rd respondent in suspending the authorization vide proceedings RC No.1401/2014 G, dated 25.10.2014 as illegal, arbitrary and one without jurisdiction and in violation of principles of natural justice; W.P.M.P.No. 3006 OF 2015 Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased to direct the 3rd respondent to release the Essential Commodities to the petitioner for distribution to the Cardholders by suspending the proceedings of the 2nd respondent passed in FPSAP No.187/2014/G8 dated 07.01.2015, pending disposal of Writ Petition No. 2263 of 2015 on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of SRI A.JAGANNADHA RAO, Advocate for the Petitioner and of Sri O.Manohar Reddy, learned Standing Counsel for SPCPDCL (TG), for Respondents, and the Court made the following: ORDER:

Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Civil Supplies.

The alleged variation of essential commodities is 0.9 quintals of rice, which is in permissible limits. Therefore, there shall be interim suspension of the order, dated 07.01.2015 passed by the 2nd respondent. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat, Hyderabad.

2 The Joint Collector, Vizianagaram District. 3 The Revenue Divisional Officer, Vizianagaram, Vizianagaram District. 4 The Tahsildar, Gajapathinagaram Mandal, Gajapathinagaram, Vizianagaram District. (1 to 4 BY RPAD) 5 One CC to SRI A.JAGANNADHA RAO, Advocate (OPUC). 6 One spare copy.

SRL HIGH COURT RKRJ

DATED: 05.02.2015

ORDER

W.P.NO. 2263 OF 2015 INTERIM SUSPENSION HIGH COURT Drafted by: SRL Date of Drafting : 06.02.2015 RKRJ

DATED: 05.02.2015

ORDER

W.P.NO. 2263 OF 2015 INTERIM SUSPENSION