THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.30417 of 2014 Dated: 13.10.2014 Between:
M. Md. Ismail .. Petitioner and The Government of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies and Food Corporation Department, Secretariat, Hyderabad, and others. .. Respondents Counsel for the petitioner: Mr. K.V. Raghuveer Counsel for the respondents: AGP for Civil Supplies (A.P.) The Court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of respondent No.3 in suspending the petitioner’s fair price shop authorization pending enquiry, vide proceedings in Rc.B.830/2014 dated 12.09.2014, as illegal and arbitrary.
I have heard Mr. K.V. Raghuveer, learned counsel for the petitioner, and the learned Assistant Government Pleader for Civil Supplies (A.P.) and perused the record.
The petitioner is the fair price shop dealer of shop No.1 of Uyyalawada Village, Orvakal Mandal, Kurnool District. Following an inspection of the said shop, the petitioner’s authorization was suspended by respondent No.3 by the above-mentioned order. Feeling aggrieved by the said order, the petitioner filed an appeal before respondent No.2.
Inasmuch as the petitioner has already questioned the order of suspension passed by respondent No.3 in an appeal, he is not entitled to maintain the present writ petition as a parallel remedy in order to question the same order, which is the subject matter of appeal before respondent No.2.
As this Court has expressed its disinclination to entertain this writ petition for the above-mentioned reason, learned counsel for the petitioner requested for a direction to respondent No.3 to complete the enquiry and pass a final order within a reasonable time.
In the light of the above request of the learned counsel for the petitioner, respondent No.3 is directed to complete the enquiry, pass a final order and communicate the same to the petitioner within two months from the date of receipt of this order.
Subject to the above direction, the writ petition is disposed of.
As a sequel to the disposal of the writ petition, W.P.M.P.No.38022 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 13th October, 2014 IBL