M.Yogi Reddy v. The Joint Collector,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3681 of 2009 16.09.2015 Between:

M.Yogi Reddy .. Petitioner and The Joint Collector, Guntur, and others .. Respondents Counsel for the petitioner: Mr.D.Krishna Murthy Counsel for the respondents: Assistant Government Pleader for Civil Supplies (AP) The Court made the following:

ORDER:

This writ petition is filed for a mandamus to set aside proceedings, dated 22.12.2008 of respondent No.2, whereby he has suspended the petitioner's fair price shop authorization of Udijerla Village, Ipur Mandal, Guntur District. No counter-affidavit is filed. This Court, by interim order, dated 25.02.2009, in W.P.M.P.No.4793 of 2009, suspended the impugned proceedings. At the hearing, Mr.D.Krishna Murthy, learned counsel for the petitioner, submitted that during the pendency of this writ petition, no further steps, such as issue of charge memo and holding of enquiry have been taken by respondent No.2 and that on the contrary, a fresh proceeding was initiated against the petitioner by suspending his authorization by order, dated 10.09.2014, which was subsequently withdrawn by respondent No.2 consequent on filing of W.P.No.34067 of 2014, while restoring the petitioner's authorization.

In the light of the subsequent events referred to above, it is clear that the impugned proceedings, dated 22.12.2008, initiated against the petitioner have become abortive and hence, no further adjudication of this writ petition is necessary. Accordingly, the Writ Petition is closed with the direction to the respondents to continue the petitioner as the fair price shop dealer in terms of his authorization. As a sequel to closure of the writ petition, interim order, dated 25.02.2009, in W.P.M.P.No.4793 of 2009 is vacated and W.P.M.P.No.4793 of 2009 filed by the petitioner for interim relief shall stand disposed of as infructuous. _________________________ C.V.NAGARJUNA REDDY, J 16th September, 2015 GHN