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2014 Supreme(AP) 1039

C.V.NAGARJUNA REDDY
Sandraboyina Guravaiah – Appellant
Versus
State of Andhra Pradesh, rep. by its Principal Secretary, Civil Supplies Department, A. P. Secretariat, Hyderabad – Respondent


Advocates Appeared:
For the Petitioner:A.V.V.S.N. Murthy, Advocate.
For the Respondents: AGP for Civil Supplies (AP).

Judgment :

This writ petition is filed for a mandamus to declare the action of respondent No.3 in not completing the enquiry and passing an order, despite lapse of nearly one year from the date of suspension of the petitioners fair price shop authorisation as illegal and arbitrary.

The petitioner has pleaded that following the order of suspension, respondent No.3 has issued show-cause notice, dated 18.11.2013, to which he has submitted his explanation on 22.11.2013, and that since then, there is no progress in the enquiry.

At the hearing, Sri A.V.V.S.N. Murthy, learned counsel for the petitioner, has placed reliance on the judgment of a learned Single Judge of this Court in D. Sambasiva Rao v. Joint Collector, Guntur (2005 (1) ALD 847), in support of his submission that if the enquiry is not concluded by the licensing authority within 90 days, the suspension has to be revoked or set aside. I have carefully considered the said judgment.

A perusal of the said judgment shows that the learned Judge has observed that in Joint Collector, Kurnool v. A. Neelima (1996 (1) APLJ 285), a Division Bench of this Court has held that the maximum period of suspension of a dealer can be 90 days and t








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