HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.34327 of 2014 Date : 1-12-2014 Between:
Smt. J.V. Nagendram .. Petitioner and The State of Andhra Pradesh, Represented by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad and others .. Respondents Counsel for petitioner: Sri T. Niranjan Counsel for respondents : Assistant Government Pleader for Civil Supplies (AP) The Court made the following :
ORDER:
This Writ Petition is filed for a mandamus to set-aside proceedings No.RCF/4196/2014, dated 22-10-2014 of respondent No.3 whereby he has cancelled the petitioner’s fair price shop authorisation.
By order dated 20-11-2014 in W.P.No.35236 of 2014, this Court has issued notice to respondent No.3 herein to show cause why disciplinary proceedings shall not be directed to be initiated against him for acting contrary to the settled legal position in K. Nirmala Vs. Revenue Divisional Officer Anantapur a n d Thyrumala Setty Phanindra Vs. District Collector (CS), Guntur District and others, including the order in W.P.No.25823 of 2014 & batch dated 7-10- 2014 in passing the impugned order.
In pursuance of the direction of this Court, respondent No.3 is personally present. He has stated that proper enquiry as envisaged under sub-clause (5) of Clause 5 of the A.P. State Public Distribution System (Control) Order 2008 was not held and that in realisation of the said fact he has issued proceedings Rc.F.4196/2014, dated 25- 11-2014 whereby he has withdrawn the impugned proceedings and restored the authorisation of the petitioner. Respondent No.3 has undertaken that he will hold a full fledged enquiry wherein he will give opportunity of being heard to the petitioner, consider the explanation and statement of the petitioner, if any given during the enquiry and after examining the entire record, pass a speaking order.
The above statement of respondent No.3 is placed on record and the Writ Petition is accordingly disposed of.
As a sequel to the disposal of the Writ Petition, WPMP No.42814 of 2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 1-12-2014 AM