Smt.Bandaru Appala Narasa, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.25755 OF 2017 ORDER:

Heard learned counsel for petitioner and learned Government Pleader for respondents.

The petitioner was appointed as fair price shop dealer for shop No.10 of Velamakothuru Village, Tuni Mandal, East Godavari District. While so, a surprise check was conducted on 05.02.2017 at about 12.00 Noon and certain variations in the quantities were noticed. It is the case of the petitioner that without conducting any Panchanama, the stock was seized. The petitioner, immediately on the next day, submitted a representation stating that no Panchanama was conducted and his signature was not obtained on the alleged Panchanama. When proceedings were issued on 12.07.2017 by the third respondent cancelling the authorisation of the petitioner, the present writ petition is filed. Learned counsel for the petitioner submits that the third respondent has not followed the circular instructions issued in Memo dated 28.09.2015 in respect of steps to be taken by the authorities at the time of inspection and found any irregularity. He further submits that this is a mala fide action of the third respondent and hence, the third respondent is impleaded by name.

The case was adjourned for getting instructions by the learned Government Pleader on 02.08.2017 and today, learned Government Pleader has produced before this Court a copy of the Panchanama, which does not contain the signature of the petitioner. It is not known under what circumstances, the signature of the petitioner was not obtained when stock was seized in his premises. Since there is a provision for Appeal against the impugned order to the Joint Collector, Kakinada, East Godavari District, this Court is not inclined to interfere in the matter, but

relegates the matter to the Joint Collector, Kakinada, East Godavari District, where the petitioner can raise all the contentions available to him under law. The petitioner shall file an Appeal within a period of fifteen days from the date of receipt of a copy of this order. It is needless to observe that the Joint Collector shall dispose of the Appeal preferred by the petitioner as expeditiously as possible in accordance with law. The writ petition is accordingly disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. __________________________ A.RAMALINGESWARA RAO, J 11.08.2017 Note: Issue CC by 18.08.2017.

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