Smt. Segu Samrajyam vs The State Of Andhra Pradesh
2023 Latest Caselaw 985 AP

         THE HONOURABLE SRI JUSTICE D.RAMESH


             WRIT PETITION No.29079 OF 2022

ORDER:

This Writ Petition under Article 226 of the Constitution

of India is filed seeking to declare the impugned order dated

06.07.2022 on the file of Revenue Divisional Officer,

Narasaopet, Guntur District as illegal and arbitrary.

Heard the learned counsel for the petitioner and the

learned Government Pleader for Civil Supplies appearing for

the respondents.

The learned counsel for the petitioner has submitted

that the petitioner was appointed as Fair Price Shop dealer in

respect of Fair Price Shop No.0744021 of Chinalacheruvu

Village of Nuzendla Mandal. While so, the 2nd respondent has

passed the impugned order placing the fair price shop of the

petitioner under suspension. The learned counsel for the

petitioner submits that the authorization of petitioner cannot

be kept in suspension pending enquiry as per Clause 8(4) of

Control Order, 2018.Hence, aggrieved by the said order dated

06.07.2022, the present writ petition has been filed.

He further submits that it is mandatory on the part of

the respondents to complete the enquiry within 90 days from

the date of suspension of the Fair Price Shop authorization.

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".

Considering the submissions of the learned counsel for

the petitioner and the observations made by this Court in

above Judgments, the suspension proceedings of the 2nd

respondent dated 06.07.2022 is set aside.

With the above directions, this Writ Petition is disposed

of. No costs.

As a sequel, miscellaneous applications pending, if any,

shall also stand closed.

_____________________ JUSTICE D.RAMESH

Date: 21.02.2023

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THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION NO.29079 OF 2022

Date: 21.02.2023

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