ORDER:

This Writ Petition is filed seeking the following relief:

“...declaring the action of the 3rd and 4th respondents in obtaining signatures stating that coupons would be granted fraudulently and cheating the petitioner herein as illegal, arbitrary and unconstitutional and consequently direct the 2nd respondent to act upon petitioner representation dated

19.09.2014, and cause an enquiry and pass...”

2. The case of the petitioner is that he is a permanent dealer for shop No.70, Vadde colony at Kalyandurg town. On 11.07.2014, the 3rd and 4th respondents came to the subject shop and insisted the petitioner to give up the dealership and they took signatures on some forms and papers stating that they would grant some coupons and when the petitioner submitted the Demand Draft from the month of August, 2014, they refused to accept the same. Hence, the petitioner made a representation on 19.09.2014, but the respondents have not acted upon the said representation. Hence, the present Writ Petition.

3. When the Writ Petition came up for admission on 23.03.2015, an interim direction was passed directing the respondents to receive the demand drafts from the petitioner and issue essential commodities to his fair price shop from the month of August, 2014.

4. Counter affidavit is filed by the respondents stating inter alia that the petitioner submitted his resignation as dealer on 07.07.2014 out of his own will and the Tahsildar addressed a letter on 10.07.2014 to the Revenue Divisional Officer to accept the resignation of the petitioner and the Revenue Divisional Officer accepted the said resignation vide proceedings Rc.No.859/2014 (E), dated 25.07.2014.

5. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents.

6. As seen from the counter affidavit, no notice is issued to the petitioner before accepting his resignation and according to the petitioner, he made a representation on 19.09.2014 through Registered Post Acknowledgement Due stating that the officials have obtained signature stating that they would grant coupons and requested to issue commodities. But in the counter affidavit, the said representation is not denied by the respondents and it is also not stated what action has been taken by the respondents basing on the said representation.

7. In view of the facts and circumstances, proceedings Rc.No.859/2014 (E), dated 25.07.2014 issued by the 3rd respondent accepting the resignation of the petitioner are set aside and the appropriate authority is directed to issue notice to the petitioner and cause enquiry as to whether the petitioner has voluntarily submitted resignation or not and take appropriate action in accordance with law and as there is an interim order pending Writ Petition, till such enquiry is conducted, the respondents are directed to supply essential commodities to the petitioner’s fair price shop.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________________ KONGARA VIJAYA LAKSHMI, J