P. Dasthagiri v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI WRI T PETI TI ON NO.35997 OF 2017 ORDER:

In the present Writ Petition, challenge is to the Notification bearing RC.M.No.2721/2017 dated 20.9.2017 issued by the Revenue Divisional Officer, Adoni. According to the petitioner, he was appointed as a Fair Price Shop Dealer in respect of shop bearing No.21 of Velamakuru village, Kurnool district on permanent basis vide proceedings dated 25.6.2011. The Revenue Divisional Officer, vide proceedings dated 26.8.2015, ordered suspension of the authorization pending enquiry and also issued a show cause notice bearing RC(M).No.1270/2015 dated 26.8.2015, asking the petitioner to show cause as to why the authorization should not be cancelled. According to the Writ Affidavit, in response to the said show cause notice, the petitioner submitted his explanation and without considering the same, the impugned Notification came to be issued by the Revenue Divisional Officer.

When the matter is taken up today, on written instructions, it is submitted by the learned Government Pleader that vide proceedings RC.M.No.1270/2015 dated 19.9.2015, the Revenue Divisional Officer cancelled the authorization of Fair

Price Shop of the petitioner herein. The said instructions further say that the examination, pursuant to the Notification dated 29.9.2017, has not been conducted.

Having regard to the totality of the circumstances, after taking into consideration the submissions of the learned counsel for the petitioner and the learned Government Pleader, this Court deems it proper to dispose of the Writ Petition with a liberty to the petitioner herein to file appeal against the order of cancellation and to seek necessary relief from the appellate authority, within a period of two weeks from the date of receipt of a copy of this order.

With the above observation, Writ Petition stands disposed of.

Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

_____________ A.V.SESHA SAI ,J Date: 2.1.2018 Issue CC in two days BO KPM