S Sakira vs The State Of Ap
2023 Latest Caselaw 854 AP

      THE HONOURABLE SRI JUSTICE D.RAMESH

              WRIT PETITION No.3104 of 2023

ORDER:

This Writ Petition under Article 226 of the

Constitution of India is filed seeking to issue a Writ of

Mandamus or any other appropriate Writ or direction

declaring the order passed by the 2nd respondent in

proceedings dated 31.12.2022 confirming the order of the

3rd respondent passed in proceedings

Rc.No.D1CS/588/2022 dated 23.06.2022 as illegal and

arbitrary.

Heard the learned counsel for the petitioner and the

learned Government Pleader for Civil Supplies appearing

for the respondents.

During hearing, learned counsel for the petitioner has

submitted that initially the 3rd respondent has issued

proceedings on 23.06.2022 cancelling the authorization of

the petitioner without conducting any enquiry and without

giving any opportunity to the petitioner. Against the same,

the petitioner has preferred an appeal before the 2nd

respondent and the said appeal was dismissed confirming

the orders of the 3rd respondent vide orders

dated 31.12.2022.

Learned counsel for the petitioner submitted that

initial orders were passed on 23.06.2022 and even after

lapse of Eight(8) months, the respondents have not

completed the enquiry which is contrary to the

observations made by this Court in Boya Dasthagiramma Vs.

State of Andhra Pradesh and others.

Learned Government Pleader appearing for the

respondents on instructions has submitted that though

initial suspension orders were passed on 23.06.2022 by

the 3rd respondent, but in view of the pendency of the

appeal before the 2nd respondent, the respondents have not

proceeded with the enquiry. Hence, in view of the pendency

of the appeal before the 2nd respondent, the period

stipulated by this Court in the above Judgment was not

applicable to the present case and hence requested to

grant some more time to complete the enquiry.

Considering the submissions made by both the

counsels and on perusal of the orders of this Court in

above Judgment, this Writ Petition is also disposed of

directing the 3rd respondent to revoke the suspension

orders dated 23.06.2022 and restore the authorization of

the petitioner forthwith.

With the above directions, this Writ Petition is

disposed of. No costs.

Miscellaneous petitions pending, if any, in this Writ

Petition shall stand closed.

_____________________ JUSTICE D.RAMESH

Date : 14.02.2023 Note: Issue C.C by 21.02.2023 B/o.

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THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION No.3104 of 2023

Date: 14.02.2023

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