Smt. Nukala Sravanthi vs The State Of Andhra Pradesh
2021 Latest Caselaw 4441 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

MAIN CASE No.: W.P.No.20576 of 2019

PROCEEDING SHEET

Sl. Office DATE ORDER No Note

10. 02.11.2021 KVL, J

The Writ Petition is filed challenging the proceedings dated 05.12.2019 cancelling the authorization of the petitioner.

The main contention of the learned counsel for the petitioner in the Writ Petiton is that, the enquiry was conducted on 08.11.2019. The petitioner submitted his explanation to the Joint Collector and after submission of the explanation, the Joint Collector on 11.11.2019 called for a further report from the Civil Supplies Deputy Tahsildar and the Civil Supplies Deputy Tahsildar conducted denovo trial and submitted a report on 23.12.2019. Basing on the said report, the authorization of the petitioner was cancelled.

Learned counsel for the petitioner submits that the Civil Supplies Deputy Tahsildar is not competent to conduct enquiry into the allegations of the petitioner and the said denovo report submitted by the Civil Supplies Deputy Tahsildar on 23.12.2019 is not given to the petitioner. He also relies upon the Division Bench Judgment of this Court in, "M. Kalyani V. District Collector, Prakasam District, Ongole and others", reported in 2006 (5) ALD 796 (DB) to the proposition that if an enquiry report is relied upon, the same has to be supplied to the dealer before passing any order prejudicial to his interest.

Learned Government Pleader seeks time to get instructions with regard to the issue as to whether report has been submitted to the petitioner herein as the same is not referred to in the counter affidavit.

At the request of learned Assistant Government Pleader list this matter on 09.11.2021 under the caption, "For Orders".

________ KVL, J EPS