Lukka Bapanaiah, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.30753 of 2016 ORDER:

This writ petition is filed seeking writ of Mandamus to set aside the proceedings in Rc.No.4936/ 2016/ D, dated 13.08.2016 of the 3rd respondent.

2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh) representing respondents 1 to 4.

3. A perusal of the record reveals that the petitioner was appointed as Fair Price Shop dealer in respect of the Shop No.30, Addankivaripalem Village, Nagaram Mandal, Guntur District, in the year 2011. It is the case of the petitioner that he has been distributing the essential commodities to the cardholders without any complaint or whatsoever. While so, on 10.08.2016, the Vigilance and Enforcement Officials visited the shop of the petitioner and found variations in the stock. Then, the 3rd respondent issued a show cause notice dated 13.08.2016 calling for the explanation of the petitioner. On 20.08.2016, the petitioner submitted his explanation. The 3rd respondent, being not satisfied with the explanation submitted by the petitioner, suspended the authorization of the petitioner in respect of Fair Price Shop No.30. Feeling aggrieved by the orders of the 3rd respondent, the petitioner preferred an appeal before the 2nd respondent on 23.08.2016 along with the stay petition. For one reason or the other, the 2nd respondent has not disposed of the appeal of the petitioner.

4. At the time of arguments, the only relief sought by the learned counsel for the petitioner is to direct the 2nd respondent to dispose of the appeal as expeditiously as possible. It appears the apprehension of the petitioner is that the 2nd respondent may take more time for disposal of the appeal. The learned Assistant Government Pleader submitted that the Appointing Authority as well as the Appellate Authority under the provisions of the Andhra Pradesh State Public Distribution System (Control) Order, 2008 are disposing of the matters, within a reasonable time, in accordance with law. In view of the submissions made by both the counsel, this court is not inclined to go into the merits of the case.

5. Having regard to the facts and circumstances and the submissions made by both the counsel, the 2nd respondent is hereby directed to dispose of the appeal filed by the petitioner, as expeditiously as possible, preferably within a period of one month from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_____________________ T.SUNIL CHOWDARY, J Date: 12.09.2016.

Note:

Furnish CC by 15.09.2016 (By Order) BSS

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY URGENT WRIT PETITION No.30753 of 2016 Date: 12.09.2016 BSS