The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.22773 of 2014
Dated 10.10.2014
Between:
Peela Narayana Rao And The State of Andhra Pradesh, Rep. by its Prl.Secretary (Civil Supplies) Hyderabad and 2 others.
…Petitioner …Respondents Counsel for the petitioner: Mr.Prabhala Rajasekhar Counsel for the respondents: AGP for Civil Supplies The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside the proceeding in D.Dis.No.624/2014/D/dated 23- 07-2014, whereby respondent No.2- Revenue Divisional Officer, Anakapalli, has suspended the petitioner’s authorization in respect of fair price shop No.18 of Khajipalem Village of Atchuthapalem Mandal, Visakhapatnam District.
I have heard Mr.Prabhala Rajasekhar, learned Counsel for the petitioner, and perused the record.
A perusal of the impugned order shows that on five allegations, the petitioner’s fair price shop authorization was suspended. Out of those five allegations, allegation No.5 is specific to the effect that one of the card holders viz., Smt.Turai Venkata Lakshmi, W/o. Kondala Rao, has deposed that she has not received the PDS rice from January, 2014, till the date of passing of the impugned order and that on verification, it came to light that no entries relating to the said ration card were recorded in the register. The learned Counsel for the petitioner has seriously disputed this allegation and stated that a proper verification of the register would reveal that the said allegation is utterly false.
The impugned order is in the nature of an interim order of suspension pending enquiry. Ordinarily, the Writ Petitions filed questioning such orders are not entertained unless the allegations mentioned therein are ex facie frivolous and trivial. The truth or otherwise of allegation No.5 mentioned in the impugned order of suspension can be determined only after enquiry. Therefore, this case does not fall in the category of cases where suspension is made on ex facie frivolous and trivial allegations. Hence, I am not inclined to interfere with the impugned order of suspension.
The Writ Petition is, accordingly, dismissed, however, with the direction to respondent No.2 to complete the enquiry and pass a final order within two months from the date of receipt of this order.
As a sequel, interim order, dated 11-08-2014, as extended by further orders, is vacated and WPMP.No.28561 of 2014 is disposed of.
(C.V.Nagarjuna Reddy, J) Dt: 10th October, 2014
LUR