The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.31999 of 2014 Dated 27.10.2014 Between:
M.Venkata Ramana And The Govt. of A.P., Rep. by its Prl.Secretary, Food and Civil Supplies Dept., Hyderabad and 2 others.
…Petitioner …Respondents Counsel for the petitioner: Mr.K.Venkatesh Counsel for respondent No.1: AGP for Civil Supplies (AP) Counsel for respondent Nos.2 & 3: Mr.A.Ravinder Reddy, SC for Corporation The Court made the following:
Order:
Proceeding No.PDS 2/Movt.FG5(3)Stage II/2014-15, dated Nil-09-2014, of respondent No.2, whereby he has kept the Stage II Transport Contract of the petitioner in abeyance, is questioned in this Writ Petition.
The petitioner is a Stage II Transport Contractor. One of the vehicles, hired by him for transportation of essential commodities from MLS point, Rajahmundry to F.P.Shops in Rajahmundry (Urban), Rajahmundry (Rural) and Rajanagaram Mandals, was caught when the PDS rice being transported through it was sought to be diverted and delivered in a rice mill at Kesavaram Village.
Admittedly, the petitioner has not approached respondent No.2 seeking revocation of the impugned order. If the petitioner has no complicity in the alleged diversion, he has to satisfy respondent No.2 about his innocence. Without approaching respondent No.2 with appropriate representation, the petitioner ought not to have straight away filed the present Writ Petition. In this view of the matter, I am not inclined to entertain this Writ Petition at this stage. However, the petitioner is permitted to make a detailed representation to respondent No.2 and establish his bona fides. Within two weeks of the petitioner making such representation, respondent No.2 shall consider the same objectively, take a decision as to whether the order of abeyance passed by him shall be revoked or not and communicate the same to the petitioner.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel, WPMP.No.40007 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 27th October, 2014
LUR