THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.39320 of 2014 Between: B.Ramakrishna Reddy And Dated 29th December, 2014 …Petitioner The State of Telangana, rep.by its Principal Secretary, Food, Civil Supplies and Consumer Affairs Department, Hyderabad and others …Respondents Counsel for the petitioner: Sri K.Rathanga Pani Reddy Counsel for the respondents: GP for Civil Supplies (TS) The Court made the following:
ORDER:
This writ petition is filed for a mandamus to set aside order in Letter.No.J/1667/2014, dated 06.12.2014, of respondent No.2, whereby he has cancelled the petitioner’s fair price shop authorisation in respect of shop No.20 of Machupally Village, Kodari Mandal, Mahabubnagar District.
The main ground on which the petitioner has filed the writ petition questioning the order of respondent No.2 cancelling his authorisation is that the show-cause notice, dated 17.10.2014, issued by respondent No.2 was received by him on 15.12.2014, while the impugned order of cancellation was passed on 06.12.2014 itself.
The learned Government Pleader for Civil Supplies (TS), on instructions, has fairly agreed that before receipt of the show-cause notice by the petitioner, the impugned order of cancellation was passed.
In view of this fair admission, the impugned order is set aside. The respondents are directed to continue the petitioner as fair price shop dealer. This order, however, will not preclude respondent No.2 from holding a detailed enquiry, pass an appropriate order and communicate the same to the petitioner.
Subject to the above direction and observation, the writ petition is allowed.
As a sequel to disposal of the writ petition, W.P.M.P.No.49334 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 29th December, 2014
VGB