HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.11653 of 2014 Date: 17-04-2014 Between:
D. Srinivasa Reddy .. Petitioner AND The Government of A.P., represented by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat and another .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.11653 of 2014 ORDER:
This writ petition is filed for declaring the order of the 2nd respondent in proceedings in Rc.ASO/3020/2011, dated 30-11- 2013 as null and void.
2. The grievance of the petitioner is that the petitioner is fair price shop dealer permanently appointed by the Revenue Divisional Officer, Nuzvidu and his authorisation is valid up to date. It is stated that his authorisation was suspended pending enquiry by the 2nd respondent through his proceedings dated 30- 11-2013 basing on the report of the PDS (DT), Tiruvuru dated 20- 11-2013 and even though the authorisation was suspended on 30- 11-2013, till today, the respondents neither issued any notice to the petitioner nor passed any final orders. Aggrieved by the said action, the present writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies.
4. Learned counsel for the petitioner submits that the alleged variations are within the permissible limits and the petitioner submitted his explanation. He also contends that the suspension of authorisation cannot be made for an indefinite period.
5. Having regard to the facts and circumstances of the case, in view of the fact that the authorisation of the petitioner’s fair price shop is suspended on 30-11-2013 and no notice is issued for further enquiry and no final orders are passed, I am of the opinion that the authorisation of the petitioner’s fair price shop cannot be kept under suspension beyond the period of 90 days for an indefinite period as held by this court in D. Sambasiva Rao v.
[1]
Joint Collector and others . Hence, the impugned proceedings are liable to be set aside.
6. Accordingly, the proceedings dated 30-11-2013 issued by the 2nd respondent are set aside and it is open for the 2nd respondent to pass appropriate orders after issuing notice and opportunity of hearing as well as submitting explanation to the petitioner. Till such orders are passed, the petitioner shall be continued as fair price shop dealer.
With the above direction, the writ petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions if any pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 17-04-2014 Ksn [1] 2007 (6) ALT 239