HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38144 of 2014 Date:11.12.2014 Between:
Bandam Varalaxmi, W/o Madhusudhan . Petitioner And:
The State of Telangana., reptd by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri T.Mahender Rao 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 proceedings No.F/6861/2014, dated 04.12.2014, of respondent No.2, whereby he has suspended the petitioner’s fair price shop authorization on the allegation that he has entered 27 bogus ration cards with Aadhar seeding, in those ration cards, by attaching the photos of other persons who are not the original card holders.
At the hearing, Sri T.Mahender Rao, learned counsel for the petitioner, has strenuously contended that the allegation on which the petitioner’s fair price shop authorization is suspended is wholly false and motivated. He has further submitted that no prior enquiry was held by respondent No.2 before resorting to the action of suspension.
The ground on which the petitioner’s fair price shop authorization is suspended, if proved, constitutes a serious violation of the provisions of Andhra Pradesh State Public Distribution System (Control) Order, 2008.
Since the impugned order of suspension is passed pending enquiry and not as a measure of penalty, the same cannot be set aside only on the ground that no prior notice was issued to the petitioner. At any rate, the petitioner has an alternative remedy of filing an appeal against the impugned order of suspension. Therefore, I am not inclined to entertain the Writ Petition, at this stage, for adjudication as to whether the allegations contained in the impugned order are correct or false.
For the above-mentioned reasons, the Writ Petition is dismissed, without expressing any opinion on the merits of the case, with liberty to the petitioner to avail the remedy of appeal, if she is so advised. If such appeal is filed, the appellate authority shall give the petitioner an opportunity of personal hearing before passing an appropriate order.
As a sequel to dismissal of the Writ Petition, W.P.M.P.No.47717 of 2014 filed by the petitioner for interim relief stands dismissed as infructuous.
11th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY