THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.32190 of 2014 Between:
Kurva Sunkanna And Dated 30th October, 2014 …Petitioner The State of Andhra Pradesh, rep.by its Principal Secretary, Food, Civil Supplies and Consumer Affairs Department, Hyderabad and others …Respondents Counsel for the petitioner: Sri G.Venkat Reddy Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
ORDER:
This writ petition is filed feeling aggrieved by non-disposal of the stay application filed by the petitioner in appeal, by respondent No.2.
I have heard the learned counsel for both the parties and perused the record. The petitioner is the fair price shop dealer of shop No.109 of Sh.Erragudi Village, Krishnagiri Mandal, Kurnool District. Based on the purported inspection of the petitioner’s shop, respondent No.3 has suspended the petitioner’s authorisation by order, dated 20.08.2014. Feeling aggrieved by the said order, the petitioner filed an appeal before respondent No.2 on 25.09.2014. The petitioner filed this writ petition with the grievance that respondent No.2 has not disposed of the stay application filed in the appeal.
In my opinion, respondent No.2 ought to have passed appropriate orders on the stay application. As he has not done so, I have chosen to examine the order passed by respondent No.3 suspending the petitioner’s authorisation. A perusal of the said order shows that the main allegation on which the petitioner’s authorisation has been suspended is that there is variation of 60 kgs of rice and 30 litres of kerosene. Considering the total quantity of rice and kerosene, the said variations are well within the permissible limits.
In my prima facie opinion, respondent No.3 has unjustly suspended the petitioner’s fair price shop authorisation without application of mind. Therefore, the said order is suspended pending appeal before respondent No.2.
The writ petition is accordingly allowed to the extent indicated above.
As a sequel to disposal of the writ petition, W.P.M.P.No.40246 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 30th October, 2014
VGB