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High Court for State of TelanganaWP/23246/2015disposed of no costs

Smt. S.D. Renuka v. The State Of Andhra Pradesh,

2015-08-06A Ramalingeswara Rao2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.23246 of 2015 Between:

Smt.S.D.Renuka.

....Petitioner and The State of Andhra Pradesh, Rep.by its Principal Secretary, Civil Supplies Department, Secretariat, at Hyderabad, and others.

....Respondents DATE OF JUDGMENT PRONOUNCED: 06.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No Marked to Law Reporters/Journals?

3. Whether His Lordship wishes to Yes/No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.23246 of 2015 ORDER:

The petitioner was appointed as a fair price shop dealer on regular basis in the year 2010. The authorization of the petitioner was valid till 31.03.2015 and she paid the challan on 09.03.2015 for renewal of the same. While so, the fourth respondent submitted a report, based on which a show cause notice was issued on 13.04.2015. But, the said show cause notice could not be served on the petitioner. Thereafter, the Tahsildar submitted a report on 20.05.2015 with regard to the nonavailability of the petitioner, and the impugned order was passed on

17.07.2015 canceling the dealership of the petitioner. Challenging the same, the present Writ Petition is filed.

When this Writ Petition came up for consideration for admission on 28.07.2015, it was adjourned to 03.08.2015. Learned Government Pleader, on the basis of the written instructions, submits that, certain irregularities were noticed in the dealership of the petitioner, a murder took place on 05.05.2015 in Nadichagi Village, due to the said incident the fair price shop dealer with family members and relatives left the Village, and their whereabouts are not known. The petitioner failed to remit the cost of the essential commodities for the months of June, July and August, 2015, causing inconvenience to the cardholders without applying leave or permission. However, in view of the existence of an alternative remedy of appeal, this Court is disinclined to express any opinion on the merits of the case. At this stage, learned Counsel for the petitioner submits that an appeal was already filed on 24.07.2015 before the Joint Collector, Kurnool.

In view of the above, the Joint Collector, Kurnool, is directed to consider the appeal preferred by the petitioner against the order passed by the third respondent dated 17.07.2015, and dispose of the same in accordance with law, within a period of three months from the date of receipt of a copy of this order.

The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 06.08.2015 vs