High Court for State of TelanganaWP/18321/2015disposed of no costs

Y.Rajya Laxmi v. The State Of Telangana

2015-06-23A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.18321 of 2015 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

The petitioner was appointed as a Fair Price Shop Dealer in respect of Shop No.305, Vinayakanagar, Malkajigiri, Ranga Reddy District, and the authorization is valid up to 31.03.2015 and he applied for renewal of his fair price shop authorization and the same is under consideration. While so, on 25.05.2015, the 4th respondent inspected the said shop and noticed that one Dasarath was conducting the fair price shop business instead of the authorized dealer Y.Rajya Laxmi, the petitioner herein. The 3rd respondent accordingly conducted a panchanama and submitted the report to the 2nd respondent. Based on the report of the 3rd respondent dated 26.05.2015, the 2nd respondent passed the impugned order on 27.05.2015 suspending the authorization of the petitioner, on the ground that the shop is being run by a benami person by name Dasarath. Challenging the said order, the present writ petition is filed.

Now the ground alleged is that the shop is being run by a benami person instead of by the authorized dealer. The said allegation can be verified even without suspending the authorization of the petitioner. In the circumstances, the impugned order passed by the 2nd respondent to the extent of suspending the authorization of the petitioner is set aside, but however, giving liberty to the 2nd respondent to proceed against the petitioner with respect to the allegations and complete the enquiry within a period of three months from the date of receipt of a copy of the order after duly observing the principles of

natural justice and binding decisions of this Court. The writ petition is accordingly disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending in this writ petition, shall stand closed. __________________________ A.RAMALINGESWARA RAO, J Date: 23.06.2015 siva