P.Vijaya Lakshmi, W/O. P.Siva Reddy, v. The State Of Andhra Pradesh Rep., By Its Principal

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.40529 OF 2017 ORDER:

The case of the petitioner is that her authorization to the fair price shop was suspended vide proceedings in Rc.No.C/614/2016, dated 08-07-2016 and thereafter the petitioner was issued show-cause notice dated 28-09-2016. The petitioner states that she filed reply immediately. But no orders are passed, but petitioner fair price shop authorization is kept pending.

Heard learned counsel for the petitioner.

Learned Assistant Government Pleader for Civil Supplies submits that the petitioner is not cooperating with the respondents, as such no orders could be passed and relied on the order passed by this Court in WP.No.4751 of 2016, dated 15-02-2016.

In this case it is to be seen that this Court in WP.No.4751 of 2016 held that reasonable period of suspension depends on facts and circumstances of the case. But in this case more than one year is elapsed and this Court has taken a view in M.Venkata Ramaiah v. Joint District Collector (CS), Anantapur1 that ordinarily suspension of fair price shop authorization cannot be continued beyond three months. If the petitioner is not cooperating, it is open for the respondents to pass appropriate orders basing on the material instead of 1 2014(2) ALD 492

keeping the matter pending. In view of the same, impugned order is set aside.

Accordingly, the writ petition is allowed. However, this order will not preclude the competent authority from passing final orders after giving opportunity of hearing to the petitioner. There shall be no order as to costs. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 30-11-2017 Nvl