High Court for State of TelanganaWP/8263/2015disposed of no costs

Smt. D.Kavitha v. The State Of A.P.,

2015-08-10A Ramalingeswara Rao2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION NO.8263 OF 2015 Between:

Smt.D.Kavitha.

...PETITIONER AND

1. The State of A.P., rep.by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad and two others. ...RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 10.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? Yes/No

2. Whether the copies of judgment may be marked to Law Reporters/Journals? Yes/No

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION NO.8263 OF 2015

ORDER:

The petitioner was appointed as Fair Price Shop dealer of Shop No.42 of Guntur District. While so, on 04.04.2013, the third respondent inspected the petitioner's fair price shop when the petitioner went to Chirala for medical treatment. He found some variations in the stock and proceedings under Section 6-A of the Essential Commodities Act were initiated based on the report dated 13.04.2013. The petitioner submitted her explanation on 20.04.2013. However, no orders were passed by the second respondent even after receipt of the petitioner's explanation. Hence, the present Writ Petition is filed. It is clear from the above facts that the second respondent issued a show cause notice on 13.04.2013 to which the petitioner submitted explanation on 20.04.2013.

The petitioner submitted another explanation on 19.03.2015. In spite of the same, the second respondent did not complete the enquiry within time. However, in view of the allegations levelled against the petitioner and pending enquiry, this Court is not inclined to accept the plea for revocation of suspension. The second respondent shall complete the enquiry against the petitioner and pass final orders thereon after giving due opportunity to the petitioner, within thirty (30) days from the date of receipt of a copy of this order.

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

________________________ (A.RAMALINGESWARA RAO, J) 10th August 2015 RRB