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2013 Supreme(AP) 265

C.V.NAGARJUNA REDDY
Thyrumala Setty Phanindra – Appellant
Versus
District Collector (CS) & Guntur – Respondent


Advocates:
Advocate Appeared
For the Petitioner:A. Sanjeev Kumar, Advocate.
For the Respondents: AGP for Civil Supplies.

JUDGMENT

This Writ Petition is filed for a Mandamus to set aside proceedings No.1330/2013-G, dated 26.03.2013, of respondent No.2, whereby he has kept the petitioner’s fair price shop authorisation under suspension.

Ordinarily, this Court seldom entertains Writ Petitions filed questioning order of suspension passed pending enquiry by the appointing authority. However, I am inclined to entertain this Writ Petition as an exception to this rule, for the reason that the only ground on which respondent No.2 has kept the petitioner’s fair price shop authorisation under suspension is that he allowed one Tirumala Setty Kranthi Kumar to distribute the essential commodities and thereby, respondent No.2 has drawn an inference that the petitioner has allowed a benami to run the fair price shop. In the impugned order, it was clearly mentioned that in the report of the Deputy Tahsildar, Civil Supplies, City PDS, Zone-I, Guntur, he has mentioned that there was no variation in the stocks in the fair price shop. Any order of suspension, even if the same is passed pending enquiry, results in serious adverse consequences to the fair price shop dealer. While exercising this power, the appointing author





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