Writ petition challenged suspension of Fair Price Shop authorization due to alleged pilferage. Court found an efficacious alternative remedy was available. Petition dismissed as alternative remedy exists.
Directing respondent to consider grounds of appeal and dispose of the matter within 3 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE U.DURGA PRASAD RAO
WRIT PETITION No.4037 of 2020
ORDER:
Having found that as per the inspection report dated 05.01.2020, the variation in different commodities is more than permissible limit of 1.5% in the Fair Price Shop of the petitioner and further the petitioner allegedly kept 29 Kgs of RG dall and 10.65 Kgs of sugar with an intention to divert the same to black market, the respondent No.3 vide his proceedings CS2(6)/241263/2020 dated 22.01.2020 suspended the authorization of the petitioner's Fair Price Shop Number 0812020 and issued show cause notice on the same date as to why disciplinary action that is cancellation of authorization shall not be taken against him. Aggrieved, the petitioner filed the instant writ petition challenging the suspension order.
2. Heard learned counsel for petitioner and learned Government Pleader for Civil Supplies. 3. Admittedly, the petitioner filed an appeal before the respondent No.2 as against the impugned order of suspension and the same is pending for consideration. Thus, it is clear that the petitioner resorted to efficacious and alternative remedy before concerned authority.
4. In that view, without expressing any opinion on the merits of the petitioner's case, this writ petition is disposed of directing the respondent No.2 to consider the grounds of appeal submitted by the petitioner and after affording a personal hearing to the petitioner, dispose of the appeal on merits in accordance with the governing law
and rules as expeditiously as possible but not later than three
(03) months from the date of receipt of a copy of this order. No costs.
As a sequel, interlocutory applications pending, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J
27.02.2020. MS
Fair Price Shop
Civil Supplies Department
U Durga Prasad Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
