HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.33806 of 2014 Date : 1-12-2014 Between:
Kanaka Krishna Kumari ..
Petitioner and The State of Andhra Pradesh, Represented by its Principal Secretary, (Civil Supplies), Secretariat, Hyderabad and others ..
Respondents Counsel for petitioner: Sri I. Koti Reddy 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.R.C.F/3015/2014, dated 4-10-2014 of respondent No.2 whereby he has cancelled the petitioner’s fair price shop authorisation.
In response to the notice of this Court, respondent No.2 is personally present and explained the reason for issuing proceedings dated 22-10-2014. He has stated that though he has passed the order of cancellation on 4-10- 2014, he has addressed the letter dated 22-10-2014 forgetting the fact that he has already completed the enquiry and passed final order on 4-10-2014. He has further admitted 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 dated 25-11-2014 withdrawing the impugned order of cancellation. Respondent No.2 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.2 is placed on record and the Writ Petition is accordingly disposed of.
As a sequel to the disposal of the Writ Petition, WPMP No.42294 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 1-12-2014 AM