Kalakada Kaladhar vs The State Of Andhra Pradesh
2023 Latest Caselaw 986 AP

            THE HONOURABLE SRI JUSTICE D.RAMESH


               WRIT PETITION No.13305 OF 2022

ORDER:

This Writ Petition under Article 226 of the Constitution of

India is filed seeking to direct the respondents to continue he

petitioner as fair price shop dealer for Fair Price Shop

No.1081003 of Gandhipuram, Madanapalle and Mandal, Chioor

District.

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 the petitioner is

appointed as Fair Price Shop dealer and was distributing

essential commodities to the card holders. Thereafter, the 3rd

respondent has passed impugned order dated 27.04.2022

cancelling the authorization issued in favour of the petitioner

based on the reports submitted by the 4th respondent and other

officials. There is an legal obligation on the part of the 3rd

respondent to conduct enquiry as prescribed under Control

Order, 2018. But, the same was not followed. Aggrieved by the

same, the present Writ Petition is filed.

He further submits that it is mandatory on the part of the

2nd respondent 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 3rd respondent

dated 27.04.2022 is set aside and the respondents are directed

to continue the petitioner as Fair Price Shop dealer for Fair Price

Shop No.1081003.

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.13305 OF 2022

Date: 21.02.2023

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