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High Court for State of TelanganaWP/6907/2015disposed of no costs

P. Narasimhulu, v. The State Of Andhra Pradesh,

2015-03-24R.Kantha Rao4 pages

HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.6907 of 2015 Date: 24-3-2015 Between P.Narasimhulu ... Petitioner and The State of A.P., Rep. by its Prl. Secretary, Civil Supplies Dept., Secretariat, Hyderabad;

and 3 others ... Respondents HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.6907 of 2015 Order:

Heard Ms. M.Hemalatha, learned counsel appearing for the petitioner

and the learned Government Pleader for Civil Supplies appearing for the respondents.

2. This writ petition is filed seeking to declare the action of the respondents in not allowing the petitioner to continue as Fair Price Shop Dealer of F.P. Shop No.53, situated at K.N. Palyam village, Kadiri Mandal of Anantapur district on the guise of show cause notice issued by the 2nd respondent vide proceedings dated 07-9-2014 basing on the report under Section 6-A of the Essential Commodities Act, 1955 submitted by the 3rd respondent without following any procedure contemplated under law as illegal, arbitrary and consequently direct the respondents to allow the petitioner to run the said fair price shop.

3. Pointing out certain irregularities, a Show Cause Notice dated 07-9-2014 was issued to the petitioner for which, the petitioner submitted explanation. Thereafter, according to the petitioner, no order has been passed but the authorities are refusing to allot the essential commodities to the fair price shop of the petitioner.

4. On the other hand, the learned Government Pleader for Civil Supplies, on instructions, submits that by order dated 23-3-2015, the authorisation of the fair price shop of the petitioner was suspended.

5. Since the order is passed pending enquiry, the writ petition is disposed of directing the 3rd respondent-RDO, Kadiri to conduct enquiry into the allegations levelled against the petitioner and pass final orders within a period of 8 (eight) weeks from the date of receipt of a copy of this order. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs. ___________________

R.KANTHA RAO, J.

24th March, 2015.

Ak HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.6907 of 2015

24th March, 2015.

(Ak)