Smt.G.Roja Rani v. State Of Telangana,

IN THE HIGH COURT OF JUDICATURE; AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No.24684 of 2015 BETWEEN:

Smt. G. Roja Rani .. Petitioner AND The State of Telangana, rep.by its Ex-Officio Secretary to Government, Consumer Affairs, Food and Civil Supplies (CS-1) Department, Secretariat, Hyderabad.

and 2 others. .. Respondents DATE OF JUDGMENT PRONOUNCED: 06.08.2015.

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

1. Whether reports of Local newspapers may be allowed to see the judgments? YES/NO

2. Whether the copies of judgments may be marked to Law Reporters/Journals. YES/NO

3. Whether their Ladyship/Lordship wish to see the fair copy of the Judgment ? YES/NO THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No.24684 of 2015 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents. The petitioner was appointed as fair price shop dealer of shop No.21 of Muthangi Village, Patancheru Mandal, Medak District. The authorization

of the petitioner was valid up to 31.03.2015. She applied for renewal of authorization on 08.03.2015, vide challan No.64349. The petitioner was not there when her shop was inspected on 21.05.2015 by the civil supplies authorities and some variation in the stock was noticed. The Assistant Supply Officer, Ranga Reddy District submitted a report on 22.05.2015, pursuant to which the petitioner was issued a show cause notice on 03.06.2015 suspending her authorization. The petitioner submitted her explanation on 10.07.2015. Challenging the order of suspension dated 03.06.2015, earlier the petitioner has filed Writ Petition No.16191 of 2015 and this Court disposed of the said writ petition on 10.06.2015 directing the second respondent therein to complete the enquiry within a period of 30 days. Accordingly, he completed the enquiry and passed the impugned order dated 16.07.2015 cancelling the authorization of the petitioner. Challenging the same, the present writ petition is filed.

This Court carefully perused the charges in the instant case, which require an enquiry and accordingly it appears that enquiry was conducted by the second respondent. In view of the nature of charges, this Court is not inclined to examine the validity of the impugned order passed cancelling the authorization of the petitioner, since there is a provision for appeal against the impugned order. In view of existence of the appeal remedy, this Court is not expressing any view on merits of the case. However, the petitioner is given liberty to file an appeal within a period of 15 days from the date of receipt of a copy of this order and consequent to the cancellation of authorization of the petitioner, the second respondent shall not make permanent arrangements till disposal of the appeal filed by the competent authority.

With the above directions, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, if any pending in this writ petition, shall stand closed.

_______________________________ A. RAMALINGESWARA RAO, J Date: 06.08.2015 Isn