S Maheshwara Reddy vs The State Of Ap
2023 Latest Caselaw 889 AP

Citation : 2023 Latest Caselaw 889 AP
Judgement Date : 15 February, 2023

Andhra Pradesh High Court - Amravati

S Maheshwara Reddy vs The State Of Ap on 15 February, 2023

Bench: D Ramesh

          THE HONOURABLE SRI JUSTICE D.RAMESH


                 WRIT PETITION No.3204 OF 2023

ORDER:

This Writ Petition under Article 226 of the Constitution of

India is filed seeking to declare the action of 2nd respondent in

suspending the authorization in Rc.No.CS/47/2022

dated 21.01.2022 for Fair Price Shop No.1345022 of

Ramireddypalli Village, Sanjamalal Mandal, Kurnool District

without completing the enquiry within 90 days from the date of

suspension and continuing the same as illegal and arbitrary.

Heard the learned counsel for the petitioner and the

learned Government Pleader for Civil Supplies appearing for the

respondents.

The case of the petitioner is that he is the Fair Price Shop

Dealer for Shop No.134502 of Ramireddy Palle Village,

Sanjamala Mandal, Kurnool District. From the date of

appointment in the year 1992, the petitioner is supplying the

essential commodities to the card holders without remarks from

whatsoever. While so, the 3rd respondent informed the petitioner

that the authorization was suspended vide Rc.No.CS/47/2022

dated 21.01.2022. The learned counsel submits that the said

order of suspension of authorization of petitioner as Fair Price

Shop Dealer still continued, without completing the enquiry

within 90 days from the date of orders of suspension and also

respondent No.2 has not conducted enquiry as per 8(4) of

Control Order, 2018.

He further submits that the Division Bench of the Court

in Joint Collector, Kurnool Vs. A.Neelima observed as

follows:-

"the continuation of order of suspension indefinitely is whole arbitrary and cannot be countenanced. But, we must also rush to add that what is reasonable period of suspension will vary from case to case depending upon various factors, tough more often that not, a period of 90 days ordinarily be sufficient to conclude the enquiry".

The learned counsel for the petitioner submits that the

action of the 2nd respondent in suspending the authorization of

Fair Price Shop without completing enquiry within 90 days from

the date of suspension is illegal, arbitrary and contrary to the

orders passed by this Court in the above said Judgment.

Considering the submissions of the learned counsel for the

petitioner and the observations made by this Court in above

Judgment, the suspension proceedings of the 2nd respondent

dated 21.01.2022 is set aside and the respondents are directed

to restore the Fair Price shop to the petitioner.

With the above directions, this Writ Petition is disposed of.

No costs.