HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.22771 of 2014 Date: 12-08-2014 Between:
N. Mallikarjuna Rao .. Petitioner AND The Government of Telangana, represented by its Principal Secretary, Civil Supplies Department, Hyderabad and 3 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.22771 of 2014 ORDER:
The writ petition is filed challenging the proceedings of the 2nd respondent in proceedings No.C/1179/2014, dated 24-07-2014, on the ground of violation of principles of natural justice.
2. The case of the petitioner is that he has been running fair price Shop No.184, Srinivasapuram Colony, Ramanthapur, Uppal Mandal, Ranga Reddy District with valid authorisation vide authorisation No.C/843/2008, dated 01-04-2008 being renewed from time to time. It is stated that his authorisation was suspended vide proceedings No.C/1179/2014, dated 24-07-2014 of the 2nd respondent on the ground of committing of certain variations between the stocks and sales register. Challenging the said proceedings, the present writ petition is filed.
3. Learned counsel for the petitioner submits that the alleged variations are within the permissible limits and that the suspension of authorisation is on vague grounds. He also contends that no notice is issued before passing the impugned order.
4. On the other hand, learned Assistant Government Pleader for Civil Supplies states that the petitioner has alternative remedy of appeal against the impugned proceedings.
5. In the instant case, the authorisation of the petitioner’s fair price shop is suspended without issuing any notice as the impugned order does not show issuance of notice before passing the order, and more so, it does not refer that the suspension of authorisation is pending enquiry.
6. In view of the above facts and circumstances, the impugned proceedings are liable to be set aside only on the ground of violation of principles of natural justice.
7. Accordingly, the impugned proceedings dated 24-07-2014 issued by the 2nd respondent are set aside. However, it is open for the 2nd respondent to pass appropriate orders afresh in accordance with law, after affording a reasonable opportunity of hearing to the petitioner. Till then, the petitioner shall be continued as fair price shop dealer.
With the above direction, the writ petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions, if any pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 12-08-2014