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High Court for State of TelanganaWP/11120/2015disposed of no costs

G. Sriramulu, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

2015-06-15A Ramalingeswara Rao2 pages

THE HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO W.P.No.11120 of 2015

ORDER

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

2. This writ petition is filed challenging the orders of cancellation of authorization dated 05.02.2015.

3. The petitioner was appointed as fair price shop dealer of shop No.10 of Singampalli Village, Atmakur Mandal, Anantapur District. While so, the third respondent issued a show cause notice dated 12.09.2014 alleging certain irregularities. The petitioner did not file his explanation. In those circumstances, the third respondent passed an order on 05.02.2015 cancelling the authorization of the petitioner. Challenging the same, this writ petition is filed.

4. A counter affidavit is filed by the third respondent stating that after following due procedure, the orders of cancellation were passed. It is further stated that one Advocate appeared on behalf of the petitioner, but he has not filed any explanation within the stipulated period or even after a lapse of 5 months. However, when the case was posted on 31.01.2015, the Advocate attended and argued the matter without filing any explanation, and based on the records available, the second respondent passed the impugned order.

5. It is admitted by the learned counsel for the petitioner that against the final orders of cancellation of authorization, there is a remedy of appeal and the same was availed by the petitioner.

6. In the circumstances, the Writ Petition is disposed of, directing the second

respondent to consider the appeal filed by the petitioner and dispose of the same in accordance with law, within a period of 60 days from the date of receipt of a copy of this order.

7. The Writ Petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________ A. RAMALINGESWAR RAO, J 15th June, 2015 sj