THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.39744 of 2014 Dated 26.12.2014 Between:
M.Srinivas And …Petitioner The State of Andhra Pradesh Rep. by its Principal Secretary, Civil Supplies Department, Andhra Pradesh Secretariat, Hyderabad and others.
…Respondents Counsel for the petitioner: Mr.Ch.C.Krishna Reddy Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside the order passed by respondent No.2 vide Rc.No.1381/2014/B, dated 25-08-2014, whereby he has suspended the petitioner’s authorization relating to fair price shop No.3 of Govindapuram Village of Machavaram Mandal, pending enquiry.
At the hearing, the learned Assistant Government Pleader for Civil Supplies (AP) representing the respondents fairly conceded that the charges on the basis on which the petitioner’s authorization is suspended are too vague and that the impugned order is passed contrary to the judgments of this Court in K.Nirmala v. Revenue Divisional [1] Officer, Ananthapur & another and Thyrumala Setty Phanindra vs.
[2] District Collector (CS), Guntur District & others .
In the light of the above fair concession made by the learned Assistant Government Pleader for Civil Supplies as referred above, the impugned order passed by respondent No.2 vide Rc.No.1381/2014/B, dated 25-08-2014, is set aside. As a consequence of setting aside the impugned order of suspension, respondent No.3 shall immediately restore the petitioner’s authorization and permit him to function as the fair price shop dealer.
The Writ Petition is allowed accordingly.
As a sequel, WPMP.No.49855 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 26.12.2014 v v
[1] 2013 (1) ALT 339
[2] 2013 (5) ALT 237