Court directed the Revenue Divisional Officer to conduct an enquiry into the suspension of the petitioner's fair price shop authorization and pass a final order within two months, refusing to decide on validity at this stage.
Direct the 2nd Respondent to conduct enquiry and pass a final order within two months.
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HON’BLE SRI JUSTICE R. KANTHA RAO
W.P.No.8983 of 2015
ORDER:
Heard learned counsel appearing for the petitioner and learned Government Pleader for Civil Supplies appearing for respondents 1 to 3.
This Writ Petition is filed seeking to declare the action of the 3rd respondent in suspending the authorization of the petitioner vide proceedings dated 20-03-2015, as arbitrary and illegal.
Petitioner is the fair price shop dealer of Thimmaganipalli Village. While the petitioner was in hospital, on 7.3.2015, the vigilance officials inspected the fair price shop of the petitioner, broke open the lock, and verified the stock.
The impugned order goes to show that though the respondent authorities found certain variations in the stock, they are within the permissible limits. It is also to be noticed that the authorization of the petitioner is valid upto 31.03.2015 and no application has been made for renewal of the same.
Since the suspension order was passed pending enquiry, I am not inclined to go into the aspect of validity of suspension at this stage. Therefore, the 2nd respondent-Revenue Divisional Officer, Penukonda, is directed to conduct enquiry and pass final order within a period of two months from the date of receipt of a copy of this order.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition
shall stand closed.
JUSTICE R. KANTHA RAO
1st April, 2015
rkk
Note: Issue CC by two days.
2 issues framed by the court
Whether to declare the suspension of fair price shop authorization as arbitrary and illegal.
Whether the Revenue Divisional Officer should conduct an enquiry and pass a final order.
Petitioner
Respondents 1 to 3
2nd Respondent
R. Kant Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
