THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
WRIT PETITION No.36941 of 2014
Dated:02.12.2014
Between:
D.Venkateswara Rao, S/o Nageswara Rao ….Petitioner And:
The State of A.P., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and three others.
… Respondents Counsel for the petitioner: Sri Gaddam Srinivas Counsel for the Respondents: AGP for Civil Supplies (AP) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to set aside proceedings in Rc.No.4018/14L, dated 18.09.2014, of respondent No.2, whereby he has suspended the petitioner’s fair price shop authorization.
Sri Gaddam Srinivas, learned counsel for the petitioner, submitted that though his client is trying to submit his explanation to the show cause notice, dated 18.09.2014, issued by respondent No.2, the same is not being received and that respondent No.2 has not been completing the enquiry for the last 2 ½ months.
Having suspended the petitioner’s fair price shop authorization, it is incumbent upon respondent No.2 to receive the explanation from the petitioner, hold an impartial enquiry and pass an appropriate order within a reasonable time. Therefore, respondent No.2 is directed to receive the explanation from the petitioner and hold a detailed enquiry. Respondent No.2 shall furnish report, dated 28.08.2014, of the Tahsildar, Atchampet, referred to in the impugned order of suspension, and also any other report on which he may propose to rely, to the petitioner. He shall also record the statement of the petitioner in the enquiry and consider the allegations with reference to the explanation filed and the statement made by the petitioner and the relevant Registers maintained by the petitioner. After completing the enquiry, he shall pass a reasoned order and communicate the same to the petitioner. Respondent No.2 shall complete this exercise within a period of two months from the date of receipt of a copy of this order.
Subject to the above observations and directions, the Writ Petition is disposed of.
As a sequel, WPMP.No.46212 of 2014 is disposed of as infructuous.
JUSTICE C.V. NAGARJUNA REDDY 02nd December 2014 DR