HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.32601 of 2014 Date:30.10.2014 Between:
B.Jayabarathi, W/o Bhaskar And:
The Govt of A.P., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and three others.
Counsel for the Petitioner: Ms M.Hemalatha . Petitioner . Respondents Counsel for the Respondents: AGP for Civil Supplies (Andhra Pradesh) The Court made the following:
ORDER:
This Writ Petition is filed questioning the order in Roc.C1/691/2014, dated 30.09.2014, of respondent No.2, whereby he has rejected the petitioner’s application for stay of order, dated 25.08.2014, of respondent No.3.
The petitioner is a fair price shop dealer. By proceedings, dated 25.08.2014, respondent No.3 has suspended the petitioner’s fair price shop authorization. Assailing the said order, the petitioner filed an appeal before respondent No.2. While taking the appeal on file, respondent No.2 has passed the impugned order rejecting the stay application filed by the petitioner. A perusal of the order of respondent No.2 shows that no reasons whatsoever have been recorded for rejecting the stay application.
A perusal of order of respondent No.3 would prima facie show that the reason on which he has suspended the petitioner’s fair price shop authorization do not appear to be sufficient to warrant such suspension in the face of the report of the Tahsildar that evidently due to the political factions in the Village, a small group of 41 card holders has complained against the petitioner for non-supply of the essential commodities, while a majority of card holders numbering 83 have given statements to the effect that the petitioner has been functioning well.
In the light of the above-noted facts, the impugned order of respondent No.2 rejecting the petitioner’s application for stay is set aside. Proceedings in Roc.K/5555/2013, dated 25.08.2014, of respondent No.3 is suspended pending the appeal before respondent No.2 The Writ Petition is, accordingly, allowed.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.40760 of 2014 filed by the petitioner for interim relief stands disposed of as infructuous.
JUSTICE C.V.NAGARJUNA REDDY
30th October, 2014 DR