The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.36196 of 2014 Dated 27.11.2014 Between:
Dara Daya Ratnam …Petitioner And The Revenue Divisional Officer, Ongole, Prakasam District and 2 others.
…Respondents Counsel for the petitioner: Mr.P.Nagendra Reddy Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the inaction of respondent No.2 in passing appropriate order on the stay application filed by the petitioner in the appeal filed against the proceeding in Rc.3/1089/2014, dated 14-10-2014, issued by respondent No.1, as illegal and arbitrary.
By the above-mentioned proceeding, the petitioner’s authorization in respect of fair price shop No.37 of Veerannapalem Village, Parchur Mandal, Prakasam District, was suspended by respondent No.1 for the alleged variation found in the stocks of rice, sugar and kerosene oil during the course of inspection. The petitioner is stated to have filed an appeal before respondent No.2 on 07- 11-2014. The grievance of the petitioner is that respondent No.2 has not passed any order on the stay application filed in the said appeal.
Inasmuch as the order suspending the petitioner’s fair price shop authorization is interim in nature and the enquiry is pending before respondent No.1, it would be more appropriate if respondent No.1 completes the enquiry and passes a final order instead of the petitioner pursuing the appeal pending before respondent No.2.
The learned Counsel for the petitioner has submitted that respondent No.1 may complete the enquiry and pass a final order in a time bound manner.
For the above-mentioned reasons, respondent No.1 is directed to hold an enquiry, wherein he shall give an opportunity of personal hearing to the petitioner to put forth his case. Respondent No.1 shall examine all the registers in detail and furnish copies of the reports submitted by his subordinates to the petitioner. In the event respondent No.1 proposes to rely upon any of those reports, he shall also give the petitioner an opportunity of cross-examining the card holders or any other person, who made statements against him, during enquiry. On completion of such enquiry, respondent No.1 shall pass a speaking order by displaying absolute objectivity without being guided by extraneous considerations. He shall complete this exercise within a period of two months from the date of receipt of this order.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel, WPMP.No.45319 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 27th November, 2014
LUR