HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.10108 of 2014 Date: 17-04-2014 Between:
P. Srinivasulu .. Petitioner AND The Revenue Divisional Officer, Kavali, SPSR Nellore District and another .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.10108 of 2014 ORDER:
This writ petition is filed for declaring the action of the 2nd respondent in not supplying the essential commodities to the petitioner fair price Shop No.5 of Kavali Town, SPSR Nellore District as illegal and arbitrary and for a consequential direction to the respondents to supply the essential commodities to the petitioner’s fair price shop.
2. The grievance of the petitioner is that he is a permanent fair price shop dealer of Shop No.5 of Kavali Town, Nellore District and has been distributing essential commodities to the cardholders without any complaint. It is stated that the 2nd respondent inspected the shop of the petitioner on 09-08-2013, verified and seized the stocks available and sent up to the Joint Collector, Nellore. The 2nd respondent has suddenly stopped the supply of essential commodities to the petitioner even though his authorisation is neither suspended nor cancelled. Aggrieved by the same, the present writ petition is filed.
3. When the writ petition came up for admission, the learned Assistant Government Pleader, on instructions, produced a copy of the letter addressed by the Revenue Divisional Officer dated 03- 04-2014 stating that the authorisation of the petitioner was kept under suspension vide proceedings dated 02-12-2013 and a show cause notice was issued on 02-12-2013 to the petitioner.
4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies.
5. Though the impugned proceedings are issued on 02-12- 2013, the petitioner states that the said proceedings are not served to him, for which the learned Assistant Government Pleader stated that the said proceedings are served on the petitioner by affixing the same on the door of the house of the petitioner. Since the impugned proceedings dated 02-12-2013 are issued suspending the authorisation of the petitioner pending the enquiry and since no final orders are passed till today, the authorisation of the petitioner cannot be kept under suspension beyond the period of 90 days as held by this court in D.
[1]
Sambasiva Rao vs Joint Collector and others .
6. Accordingly, the impugned proceedings dated 02-12-2013 are set aside. However, it is open for the 1st respondent to pass appropriate orders as the petitioner has already received show cause notice on 02-12-2013 by giving two weeks time to the petitioner for submitting his explanation. If the petitioner does not cooperate with the 1st respondent in the enquiry and does not submit his explanation within the stipulated period given, it is open for the 1st respondent to pass appropriate orders and take action thereafter. Till such necessary orders are passed, the petitioner shall be continued as a 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: 17-04-2014 Ksn
[1] 2007 (6) ALT 239