HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 1084 OF 2009 DATED 18th December, 2014.
BETWEEN Gudela Rajeswari ….Petitioner And The Revenue Divisional Officer, Palakonda Division, Palakonda, Srikakulam District and anr.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 1084 OF 2009 ORDER:
Heard learned Counsel for the petitioner and learned Government for the respondents.
The petitioner is the resident of Seedhi village. She was appointed as Fair Price Shop Dealer, Seedhi-II on 03.01.2005. While so, the second respondent issued a show cause notice dated 15.05.200 by making certain allegation against the petitioner. The petitioner submitted her explanation on 18.05.2008. As the said proceedings were dropped, no further action was taken. However, the second respondent again issued another show cause notice on 26.12.2008 alleging that the petitioner was not residing in the village and the essential commodities were being distributed by her benami and also alleging that she was selling the commodities at higher price. To the said show cause notice, the petitioner submitted her explanation on 07.01.2009 stating that she was the permanent resident of house No.1028 of Seedhi village, Patapatnam Mandal, Srikakualam District and that she herself was distributing the essential commodities. However, the second respondent suspended the authorization of the petitioner by proceedings dated 10.01.2009. Challenging the same, the petitioner preferred an appeal along with stay application before the first respondent. The first respondent dismissed the stay application by order dated 12.01.2009. Challenging the same, the present Writ Petition was filed.
This Court by order dated 28.01.2009 granted interim direction, as a result of which, the petitioner has been continuing as Fair Price Shop dealer. However, the statutory appeal preferred by the petitioner is pending consideration before the first respondent. In the circumstances, this Writ Petition is disposed of directing the first respondent to consider the appeal preferred by the petitioner against the order dated 10.01.2009 of the second respondent cancelling her authorization and pass appropriate orders thereon, after affording a due opportunity to the petitioner, within a period of three months from the date of receipt of a copy of this order.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO
DATED 18th December, 2014. Msnrx