K.Atchuta Naidu vs. State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Kongara Vijaya Lakshmi
Case Status:Disposed
Order Date:30 Mar 2022
CNR:APHC010030392015

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble Kongara Vijaya Lakshmi

Listed On:

30 Mar 2022

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Order Text

THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.2268 of 2015

Order:

This Writ Petition is filed questioning the proceedings FPSAP.No.185/2014/G8 dated 07.01.2015 of the 2nd respondent, confirming the order of the 3rd respondent in Rc.No.1407/2014 G dated 26.10.2014 suspending the authorization of the petitioner, as illegal and arbitrary.

  1. The case of the petitioner is that he was appointed as fair price shop dealer for shop No.1830 of Gurla Tammirajupeta village, Mentada Mandal, Vizianagarm District in the year 1995; he is distributing the essential commodities to the card holders; basing on the report of the 4th respondent, the 3rd respondent suspended the authorization of the petitioner vide proceedings Rc.No.1407/2014/G dated 26.10.2014 and aggrieved by the said order, the petitioner filed an appeal before the 2nd respondent and the said appeal was dismissed vide impugned proceedings dated 07.01.2015. Hence the Writ Petition.

  2. When the Writ Petition came up for admission on 05.02.2015, the following interim order was passed:

"Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Civil Supplies.

The alleged variation of essential commodities is 6 kgs of sugar and 70 kgs of rice, which is in permissible limits. Therefore, there shall be interim suspension of the order dated 26.10.2014 passed by the 3rd respondent"

  1. Heard learned counsel for the petitioner and learned Assistant Government Pleader.

  2. The respondents have filed vacate stay petition along with counter affidavit stating that pursuant to the interim order dated 05.02.2015, the Revenue Divisional Officer, Vizianagaram has issued orders on 02.03.2015 restoring the petitioner's authorization and the Tahsildar, Mentada was directed to release the essential commodities to the petitioner and the enquiry initiated against the petitioner is still pending.

  3. At this stage, the learned counsel for the petitioner submits that as the matter is of the year 2015, the respondents may be directed to complete the enquiry which is initiated against the petitioner as expeditiously as possible.

  4. In view of the facts and circumstances of the case, the respondents are directed to complete the enquiry which is initiated against the petitioner as expeditiously as possible and as there is an interim direction pending Writ Petition, the respondents are directed to continue to supply essential commodities to the petitioner, pending disposal of the enquiry.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_____________________________

KONGARA VIJAYA LAKSHMI, J.

Date: 30.03.2022 Rmn

2

THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

Writ Petition No.2268 of 2015

Date:30.03.2022

Rmn