The High Court directed the Revenue Divisional Officer to conduct an inquiry and pass a final order regarding the suspension of the petitioner's fair price shop authorization within eight weeks.
Directed the 2nd respondent to conduct an enquiry and pass a final order within eight weeks.
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HON’BLE SRI JUSTICE R. KANTHA RAO
W.P.No.9575 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 2nd respondent in suspending the authorization of the petitioner vide proceedings dated 27.03.2015, as arbitrary and illegal.
Petitioner is the dealer of fair price shop No.9, Itikyala Village, Kolimigundla Mandal, Kurnool District. On 24.03.2015, the Civil Supplies Deputy Tahsildar, Nandyal and Allagadda, inspected the fair price shop of the petitioner, verified the stock and found certain variations. This apart, they noticed that the petitioner has been staying in another village viz., Tadipatri, failed to display the stockcum-price list board and did not enter the stock details. Thereafter, the 2nd respondent issued show cause notice dated 24.12.2014 to the petitioner, for which, she submitted her explanation. But, without considering the same, the 2nd respondent passed the impugned order suspending the authorization of the petitioner.
The grievance of the petitioner is that absolutely there is no basis for the alleged variation of 94 liters of kerosene oil and only on vague charges, her authorization was suspended and that enquiry has not been completed.
Since the enquiry has not been completed, the 2nd respondent-Revenue Divisional Officer, Nandyal, Kurnool District is directed to conduct enquiry and pass final order within a period of eight weeks 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
7tht April, 2015 rkk
2 issues framed by the court
Whether the suspension of the petitioner's fair price shop authorization is arbitrary given the incomplete inquiry.
Whether an inquiry must be completed before suspending a dealer's authorization.
The Dealer of fair price shop No.9, Itikyala Village
Revenue Divisional Officer, Nandyal
Civil Supplies Deputy Tahsildar
Government Pleader for Civil Supplies
R. Kant Rao
As recorded by the court registry
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