HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.39034 of 2014 Date:19.12.2014 Between:
Avula Venkata Swamy Reddy, S/o Koti Reddy . Petitioner And:
The State of A.P., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and four others.
. Respondents Counsel for the Petitioner: Sri I.Gopala Reddy Counsel for the Respondents: AGP for Civil Supplies (AP) The Court made the following:
ORDER:
The petitioner, who is a small fair price shop dealer, is forced to be involved in multiple rounds of legal litigation. The brief facts leading to the filing of this Writ Petition are that the petitioner’s fair price shop authorization was suspended by respondent No.4 on 17.07.2014, pending enquiry. The petitioner filed an appeal on 16.09.2014 before respondent No.3. As no order on the said appeal was passed by respondent No.3, the petitioner has filed Writ Petition No.28283 of 2014. This Court by order, dated 20.09.2014, disposed of the said Writ Petition with the direction that the petitioner shall be continued as the fair price shop dealer till the disposal of the appeal by respondent No.3. By his order, dated 24.11.2014, respondent No.3 has disposed of the appeal directing respondent No.4 to complete the enquiry and pass a final order. As respondent No.3 has not granted any direction to continue the petitioner as the fair price shop dealer till completion of such enquiry, the petitioner is made to file a Revision Petition before respondent No.2. Along with the Revision Petition, the petitioner is stated to have filed an application for stay. As no order on the stay application has been passed by respondent No.2, the petitioner filed this Writ Petition.
The summation of the entire litigation is that the proceedings initiated against the petitioner are pending before respondent No.4 and the order passed by respondent No.4 suspending the petitioner’s fair price shop authorisation, pending enquiry, has, evidently, got itself revived after disposal of the appeal by respondent No.3. Had respondent No.3 taken a cue from the order, dated 20.09.2014, of this Court in Writ Petition No.28283 of 2014 and directed respondent No.4 to continue the petitioner as the fair price shop dealer till completion of the enquiry and passing of the final order, the necessity for the petitioner to file a Revision Petition before respondent No.2 and consequently, the present Writ Petition would have been obviated. Due to failure of respondent No.3, the petitioner is made to be involved in two more rounds of litigation, one before respondent No.2 and one before this Court by way of the present Writ Petition.
Inasmuch as this Court has already directed the respondents to continue the petitioner as the fair price shop dealer till the disposal of the appeal by respondent No.3, it is in the fitness of things that he shall be continued as the fair price shop dealer till completion of the enquiry and passing of final order by respondent No.4.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.48925 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
19th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY