P. Venkat Rao v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.2392 of 2017 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: "to issue writ of Mandamus to declare the order issued by the respondent No.3 vide Rc.No.495/2016/D dt.3-11-2016 suspending the authorization of the petitioner's fair price Shop No.25, K. Venkatapuram(v) Kotauratla(M), Visakhapatnam District, as illegal, arbitrary, and violative of principles of natural justice and consequently set aside the said order and direct the respondent Nos.3 and 4 to release essential commodities to the fair price shop of the petitioner as usual."

Heard, Sri Kowturu Pavan Kumar, learned counsel for the petitioner and learned Government Pleader for Civil Supplies for respondents.

According to the petitioner, he is a fair price shop dealer shop No.25, K. Venkatapuram village, Kotauratla mandal, Visakhapatnam District and he has valid authorization up to 31-03-2017. He further submitted that inspection was conducted on the subject shop on 02-11-2016 and on the basis of the same the Mandal Revenue Inspector filed a report under Section 6-A of the Essential Commodities Act, 1955. Subsequently, the Revenue Divisional Officer - 3rd respondent

herein vide proceedings Rc.No.495/2016/D, dated 03-11-2016 suspended the authorization of the petitioner herein and made in-charge arrangements also. According to the learned counsel for the petitioner, enquiry is still pending with the Revenue Divisional Officer - 3rd respondent herein. In the facts and circumstances of the case and having regard to the submissions made by learned counsel for the petitioner, this Court deems it appropriate to direct the Revenue Divisional Officer - 3rd respondent herein to complete the enquiry, in accordance with law, by fixing some time frame.

For the aforesaid reasons, the writ petition is disposed of, directing the 3rd respondent - Revenue Divisional Officer to pass final orders pursuant to the impugned proceedings Rc.No.495/2016/D, dated 03-11-2016, in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order.

Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.

___________________ A.V. SESHA SAI, J January 27, 2017 Pn

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.2392 of 2017 January 27, 2017 Pn