P. Venkata Swamy, S/o. Pedda Venkatesh, Vs The State of Andhra Pradesh

HON’BLE SRI JUSTICE R. KANTHA RAO

W.P.No.10443 of 2015

ORDER:

Heard learned counsel appearing for the petitioner and learned Government Pleader for Civil Supplies appearing for respondents 1 to 3.

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This Writ Petition is filed seeking to declare the action of the 2^nd respondent in suspending the authorization of the petitioner vide proceedings dated 25-02-2015, as arbitrary and illegal.

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Petitioner is the dealer of fair price shop No.34, K.Ubicherla Village, Gooty Mandal, Anantapuramu District. On noticing certain irregularities, show cause notice dated 6.11.2014 was issued to the petitioner to submit his explanation within seven days. Thereafter, vide proceedings dated 25.2.2015, the 2^nd respondent suspended the authorization of the petitioner.

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Learned counsel appearing for the petitioner submits that only seven days time was given to the petitioner for submitting his explanation and thereafter, without receiving the explanation, the impugned order of suspension was passed. Learned counsel further submits that as duration of suspension was not mentioned in the impugned order, it can be construed as a final order.

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I am unable to accept the aforesaid submission. It is specifically mentioned that the impugned order is only a suspension order. However, as the period was not mentioned in the impugned order, the Writ Petition is disposed of directing the respondents to receive the explanation from the petitioner and pass final order within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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_____________________ JUSTICE R. KANTHA RAO

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13^th April, 2015 rkk

P. Venkata Swamy, S/o. Pedda Venkatesh, v. The State of Andhra Pradesh

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P. Venkata Swamy, S/o. Pedda Venkatesh, v. The State of Andhra Pradesh

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