HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.31353 of 2014 Date:20.10.2014 Between:
A.Narasimha Rao, S/o A.Narahari . Petitioner And:
The State of Telangana., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri K.Govind Counsel for the Respondents: GP for Civil Supplies (Telangana State) The Court made the following:
ORDER:
This Writ Petition is filed with the grievance that though show cause notice was issued to the petitioner on 19.02.2013 and explanation was filed by him on 08.03.2013, no order has been passed so far by respondent No.3.
Learned Government Pleader for Civil Supplies (Telangana State), on written instructions, submitted that the petitioner was appointed as temporary fair price shop dealer on 16.04.2002; that his temporary fair price shop authorisation was extended from time to time; that it was not renewed after 31.03.2007; and that the petitioner has filed Writ Petition No.647 of 2012 feeling aggrieved by non-renewal of his temporary fair price shop authorisation and the said Writ Petition is pending. He further submitted that though the petitioner was not entitled to distribute essential commodities in the absence of renewal of his dealership, he was allowed to function as temporary dealer and that with effect from February, 2013, the supplies were stopped.
The above-mentioned facts, which have not been disputed by the learned counsel for the petitioner, would reveal that the very initiation of proceedings, in the absence of subsisting dealership, against the petitioner is wholly unnecessary.
Be that as it may, since the petitioner's temporary fair price shop authorisation has not been renewed, no direction can be issued to the respondents to permit him to continue as a dealer. However, as the proceedings initiated, vide show cause notice, dated 19.02.2013, by respondent No.3 are still pending, the said respondent is directed to pass an appropriate order on the said show cause notice within a period of two months from the date of receipt of a copy of this order.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.39190 of 2014 filed by the petitioner for interim relief stands disposed of as infructuous.
JUSTICE C.V.NAGARJUNA
REDDY
20th October, 2014 DR