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High Court for State of TelanganaWP/6585/2016disposed of no costs

M. Bhagyamma, v. The State Of Andhra Pradesh, Rep. By Its Secretary,

2016-03-01Challa Kodanda Ram4 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 6585 of 2016 O R D E R:- The petitioner was appointed as Dealer of Fair Price Shop No.9 of Malakavaripalli Village, O.D. Cheruvu Mandal, Anantapuram District, in the year 1994. While so, basing on a report of the 3rd respondent dated 19.03.2015 that the petitioner committed certain irregularities in distribution of essential commodities, the 2nd respondent issued a suspension-cum-show cause notice dated 08.04.2015 to the petitioner framing certain charges and calling for explanation. Aggrieved by this, the petitioner filed W.P.No.12185 of 2015 and this Court disposed of the writ petition on 10.07.2015 with a direction to the 2nd respondent to complete the enquiry and pass appropriate orders within 30 days.

In compliance with the orders of this Court, having completed the enquiry after notice to the petitioner, the 2nd respondent cancelled the authorization of the petitioner vide proceedings Rc.No.3441/2015/B, dated 21.08.2015.

Challenging the same, the petitioner preferred an appeal before the 4th respondent along with a stay petition, but the 4th respondent refused to grant stay of the said order. Hence the present writ petition is

filed.

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

The 4th respondent, after perusing the material placed before him, refused to grant stay. As granting of stay is discretionary, I see no reason to interfere with the orders of the 2nd respondent. However, in the facts and circumstances of the case and as the appeal is pending, interest of justice would be served if a direction is given to the 4th respondent to dispose of the same. Accordingly, the Writ Petition is disposed of with a direction to the 4th respondent to hear the appeal filed by the petitioner and pass appropriate orders thereon within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand dismissed. ___________________________ CHALLA KODANDA RAM, J 1st March, 2016 cbs

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 6585 of 2016

1st March, 2016 cbs