The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.36697 of 2014 Dated 01.12.2014 Between:
Maddela Nageshwara Rao …Petitioner And The State of Andhra Pradesh rep. by its Prl.Secretary, Civil Supplies Dept., Hyderabad and 3 others.
…Respondents Counsel for the petitioner: Mr.Nuthalapati Krishna Murthy 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.3 vide Rc.J/1024/2014, dated 30-06-2014, whereby he has suspended the petitioner’s authorization relating to fair price shop No.7 of K.Pallepalem Village of Kothapatnam Mandal, pending enquiry.
At the hearing, the incumbent of respondent No.3 is present as his presence was ordered by this Court in connection with another case. He has straight away conceded that he has passed the impugned order without proper comprehension and without verification of the registers maintained by the petitioner. He has also submitted that he ought not to have solely relied upon report, dated 13-06- 2014, of the Enforcement Deputy Tahsildar, Singarayakonda, without conducting an independent enquiry.
The learned Assistant Government Pleader for Civil Supplies (AP) representing the respondents fairly submitted that the impugned order cannot be sustained.
In the light of the admission made by the incumbent of respondent No.3 as referred above, the impugned order passed by respondent No.3 vide Rc.J/1024/2014, dated 30-06-2014, is set aside. As the charges, on the basis of which the proceedings have been initiated against the petitioner are vague and without any basis, respondent No.3 is restrained from proceeding further on those charges. 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, accordingly, allowed.
As a sequel, WPMP.No.45925 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 1st December, 2014
LUR