Smt. V. Leyamma, v. 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.25535 OF 2015 Between:

V.Leyamma.

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

.. Respondents DATE OF JUDGMENT PRONOUNCED: 13.08.2015 SUBMITTED FOR APPROVAL:

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

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

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

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 25535 of 2015 ORDER:

The petitioner was appointed as a fair price shop dealer of shop No.10, Vedullacheruvu Village, Veligandla Mandal, Prakasam District. Pursuant to the inspection conducted on 27.06.2015, the Enforcement Deputy Tahsildar, Kanigiri, submitted a report dated 27.06.2015. Based on the said report, the third respondent issued a show cause notice dated 14.07.2015 and the petitioner submitted her explanation on 27.07.2015. The third respondent, by the impugned proceedings dated 03.08.2015, cancelled the authorization of the petitioner. In the present Writ Petition, the petitioner challenges the order of the third respondent dated 03.08.2015.

A perusal of the impugned order dated 03.08.2015 passed by the third respondent discloses that the petitioner, in her explanation, denied the charges levelled against her. The third respondent has recorded a finding that the charges were proved by repeating the charge. No enquiry was conducted with regard to the irregularities alleged against the petitioner. In the circumstances, this Court is satisfied that the impugned order passed by the third respondent dated 03.08.2015 is vitiated and is, accordingly, set aside. The matter is remanded to the third respondent for conducting an enquiry in respect of allegations levelled against the petitioner, and passing appropriate orders thereon, 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, accordingly, allowed.

Miscellaneous petitions, if any, pending in this writ petition shall stand disposed of. No order as to costs. _______________________________ A. RAMALINGESWARA RAO,J Date:13.08.2015 usd