Korra Hanmanthu vs The State Of Telangana And 3 Others
2021 Latest Caselaw 608 Tel

Item No.13



      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                   AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                          W.A.No.188 of 2020

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.     The appellant/writ petitioner is aggrieved by an order dated

11.05.2020 passed in W.P.No.6749 of 2020 wherein, he had

challenged the decision of the respondent No.3/District Civil Supply

Officer of suspending his authorisation to run a fair price shop at

Kaithalapur, Moosapet, Kukatpally Village, Medchal-Malkajgiri

District, mainly on the ground that he was not afforded an opportunity

of hearing before such an order was passed.

2. In the impugned order, the learned Single Judge expressed an

opinion that it was not a fit case where the enquiry initiated against

the appellant/writ petitioner should be suspended. Instead, the

appellant/writ petitioner was directed to offer an explanation and

thereafter, the respondent authorities were directed to take a decision

on the pending enquiry.

3. We have enquired from learned counsel for the parties as to the

current status of the enquiry proceeding, only to be told by Ms. Jyothi

Kiran, learned counsel for the respondents that the appellant/writ

petitioner has not been cooperating and has failed to offer an

explanation to the respondent No.3.

4. Mr. Niranjan, learned proxy counsel appearing for learned

counsel for the appellant states that if given one more opportunity, the

appellant/writ petitioner shall participate in the enquiry proceedings,

submit an explanation and appear before the respondent No.3.

5. In the interest of justice, the appellant/writ petitioner is granted

another two weeks to submit his explanation to the respondent No.3.

He shall appear before the respondent No.3 on 15.03.2021 at 3:00 PM

and he shall be entitled to make his oral submissions and rely on his

reply which shall be duly considered by the respondent No.3, who

shall take a decision within two weeks reckoned from the date of the

hearing, under written intimation to the appellant/writ petitioner. In

the event the appellant/writ petitioner is aggrieved by the order that

may be passed by the respondent No.3, he shall be entitled to seek

appropriate legal recourse against the same.

6. The present appeal is disposed of along with the pending

applications, if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J

26.02.2021 JSU/pln