M.Bhagyamma, W/O. M.Aswartha Reddy v. The State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.33765 of 2015 Between:

M.Bhagyamma.

....Petitioner and The State of Andhra Pradesh, Rep.by its Secretary, Consumer Affairs, Food and Civil Supplies (CS.I) Department, Secretariat, Secretariat Buildings, Hyderabad, And others.

....Respondents JUDGMENT PRONOUNCED ON : 12.10.2015 THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO :

1. Whether Reporters of Local newspapers : Yes may be allowed to see the Judgments?

2. Whether the copies of judgment may be : No

Marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to : No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.33765 of 2015 ORDER:

The petitioner was appointed as a fair price shop dealer of shop No.9 of Malakavaripalli Village, O.D.Cheruvu Mandal, Anantapuramu District. The third respondent submitted a report on 19.03.2015, based on which, a show cause notice-cum-suspension order was passed on 08.04.2015. The petitioner filed W.P.No.12185 of 2015 challenging the said order and the same was disposed of with a direction to the second respondent to complete the enquiry and pass final orders thereon. After disposal of the said Writ Petition, the petitioner submitted her explanation on 10.08.2015 and after considering the same, a final order was passed on 21.08.2015. Challenging the same, the present Writ Petition is filed.

The petitioner denied the charges, but the nature of the charges shows that they can be verified with the available record. Learned Counsel for the petitioner submits that no enquiry was conducted after submission of the explanation.

In view of certain charges, which can be proved by verifying the record, this Court is not inclined to entertain the present Writ Petition, as there is a remedy of appeal against the impugned order, where the petitioner can raise all the grounds available to her under law.

In the circumstances, this Writ Petition is disposed of giving liberty to the petitioner to file an appeal, within a period of fifteen days from the date of receipt of a copy of this order, against the impugned order dated 21.08.2015, if the petitioner is so advised.

The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 12.10.2015 vs