T.Rathnamma, v. The State Of Andhra Pradesh Rep., By Its Principal Secretary
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.42115 OF 2017 ORDER:
The petitioner is challenging the impugned proceedings dated 22-04-2017, wherein and whereby, her authorization for fair price shop dealership was suspended pending enquiry. Thereafter, the petitioner was issued show-cause notice on 01-09-2017 and she submitted reply on 19-09-2017. But no final orders are passed as on today. Aggrieved by the action of respondents in continuing the suspension of fair price shop authorization, the present writ petition is filed.
Learned counsel for the petitioner submits that as per the judgment of M.Venkata Ramaiah v. Joint Collector (CS), Ananthapur1 ordinarily suspension of fair price shop authorization cannot be continued beyond (90) days. Learned Assistant Government Pleader for Civil Supplies seeks time for getting instructions.
In the judgment cited supra, learned counsel for the petitioner relied on the judgment of D.Sambasiva Rao v. Joint Collector2, wherein this Court held that the maximum suspension of authorization of a dealer can be for a period of ninety (90) days.
In view of the same, the impugned order is set aside. However, this order will not preclude the respondent1 2014 (2) ALD 492 2 2007(6) ALT 239
authorities from passing final orders after giving opportunity of hearing to the petitioner.
Accordingly, the writ petition is allowed to the extent indicated above.
As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 12-12-2017 Nvl