IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. Nagarjuna Reddy, J.
Pidikiti Sailaja - Appellants
Vs.
State of A.P. and Ors. - Respondent
Writ Petition No. 39051 of 2014
Decided On: 19.12.2014
Employment and service – Suspension Dealership – Fair price - Sales and Stock Registers - Writ Petition is filed for a Mandamus to declare action of respondent in not passing order on stay application filed by petitioner against order passed by respondent confirming order of respondent whereby petitioners fair price shop authorization was cancelled as illegal and arbitrary - Feeling aggrieved by said order petitioner filed an appeal before respondent along with stay application - When this Court itself has passed an order directing continuance of petitioner as fair price shop dealer till disposal of appeal respondent ought to have taken a cue from same and granted an interim order in favor of petitioner more so when respondent has not held even a semblance of enquiry before cancelling petitioners fair price shop authorization - As evident from order respondent has cancelled petitioners fair price shop authorization on two allegations – Held, Order passed by respondent does not suggest that has undertaken any such exercise - Since Revision Petition is pending before respondent this Court refrains from rendering conclusive opinion on legality or otherwise of order passed by respondent - However this Court finds a strong case in favor of petitioner for grant of interim order to enable her to continue as fair price shop dealer till disposal of Revision Petition by respondent - Accordingly respondents are directed to continue petitioner as fair price shop dealer - Respondent is also directed to carefully examine case and pass a speaking order in appeal keeping in view observations made in this order - Writ Petition disposed of (Para 6)
C.V. Nagarjuna Reddy, J.
1. This Writ Petition is filed for a Mandamus to declare the action of respondent No. 2, in not passing order on the stay application filed by the petitioner against the order passed by respondent No. 3, confirming the order of respondent No. 2 (sic.4), whereby the petitioner's fair price shop authorization was cancelled, as illegal and arbitrary. The petitioner's fair price shop authorization was cancelled by respondent No. 4 by order, dated 16.09.2014. Feeling aggrieved by the said order, the petitioner filed an appeal before respondent No. 3 along with stay application. During the pendency of the appeal, she filed Writ Petition No. 29254 of 2014 with the grievance that respondent No. 3 has not passed any order on the stay application. This Court disposed of the said Writ Petition on 25.09.2014 with the direction to respondent No. 3 to dispose of the appeal and with the further direction that till such disposal, the petitioner shall be continued as the fair price shop dealer. By order, dated 26.11.2014, respondent No. 3 has dismissed the appeal. Writ Petition No. 37575 of 2014 filed by the petitioner questioning the said order was dismissed by this Court in view of availability of alternative remedy of Revision Petition. Accordingly, the petitioner filed Revision Petition on 09.12.2014 before respondent No. 2 along with stay application. The present Writ Petition is filed with the grievance that respondent No. 2 has not passed any order on the stay application.
2 The facts narrated above would show that multiple rounds of litigation are forced to be resorted to by the fair price shop dealers mainly for the reason of non-passing of orders on the stay application by the appellate and the Revisional authorities.
3. In the present case, when this Court itself has passed an order directing continuance of the petitioner as the fair price shop dealer till disposal of the appeal, respondent No. 2 ought to have taken a cue from the same and granted an interim order in favour of the petitioner, more so, when respondent No. 4 has not held even a semblance of enquiry before cancelling the petitioner's fair price shop authorization. As evident from order, dated 16.09.2014, respondent No. 4 has cancelled the petitioner's fair price shop authorization on two allegations, viz., (1) that a person by name-Pidiketi Sankar was found running the petitioner's fair price shop and (2) that there was variation of 4.80 quintals of rice.
4. The petitioner has clearly explained that the said P. Sankar is no other than her father's own brother and that without proper verification of the Sales and Stock Registers, it was alleged that there was variation of 4.80 quintals of rice.
5. In the light of these allegations, an obligation was cast on respondent No. 4 to make a detailed enquiry with reference to entries in the Sales and Stock Registers and by giving the petitioner an opportunity of personal hearing.
6. A reading of the order passed by respondent No. 4 does not suggest that he has undertaken any such exercise. Since the Revision Petition is pending before respondent No. 2, this Court refrains from rendering conclusive opinion on the legality or otherwise of the order, dated 16.09.2014, passed by respondent No. 4. However, this Court finds a strong case in favour of the petitioner for grant of interim order to enable her to continue as the fair price shop dealer till disposal of the Revision Petition by respondent No. 2.
7. Accordingly, the respondents are directed to continue the petitioner as the fair price shop dealer. Respondent No. 2 is also directed to carefully examine the case and pass a speaking order in the appeal (sic. revision) keeping in view the observations made in this order.
8. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P. No. 48946 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
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