WP/24252/2004 of Smt. K. Sri Devi, Vs Deputy Tahsildar ( Civil Supploies) on 27 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 24252 of 2004

Between:

Smt. K. Sri Devi, W/o. Krishna Rao, Fair Price Shop Dealer,R/o. Venkatapuram Village, Vajrapukotturu Mandal, Srikakulam District.

..... PETITIONER

AND

1 Deputy Tahsildar ( Civil Supplies) Palasa Mandal, Srikakulam District.

2 Mandal Revenue Officer, Vajrapukotturu Mandal, Srikakulam District.

3 Revenue Divisional Officer, Tekkali, Srikakulam District.

4 Joint Collector, Srikakulam District, Srikakulam.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto Issue any appropriate Writ, Order or direction preferably a writ in the natureof Writ of Mandamus, declaring the Letter No. 3006/2004 A dt. 26.11.2004issued by the 4th respondent as being arbitrary, illegal, violative of principles ofnatural justice and violative of Article 14 of the Constitution of India andconsequently set aside the same.

Counsel for the Petitioner:MR.M.VISWANADHAM

Counsel for the Respondents 1 to 4: GP FOR CIVIL SUPPLIES

The Court at the stage of admission made the following ORDER:

Petitioner is the dealer in respect of a fair price shop of Venkatapuram village,Vajrapukotturu mandal, Srikakulam district. The third respondent suspendedher authorization through proceedings dated 26.11.2004 alleging that she isrunning the shop benami and that the kerosene is being sold at a higher price.The petitioner claims to have preferred an appeal, together with an applicationfor grant of stay, before the fourth respondent, against the order of suspension.Her grievance is that no orders have been passed so far by the fourthrespondent and she seeks appropriate directions in this regard.

Heard learned counsel for the petitioner and learned Government Pleader forCivil Supplies.

On the allegation that the petitioner is running the fair price shop benami andselling the kerosene at the rate of Rs.10/- per liter, the third respondentsuspended her authorization. The appeal preferred by the petitioner, togetherwith an application for grant of stay, is pending before the fourth respondent. Itcannot be said as of now that there was undue delay on the part of the fourthrespondent in disposing of the appeal or stay petition. However, if anyarrangements are made in the meanwhile, the very purpose of the petitioner inpreferring the appeal would be defeated.

Having regard to the facts that the charge against the petitioner is that she isrunning the shop benami and that she is selling the kerosene at Rs.10/- perliter, it cannot be said that they are so serious as to warrant suspension. No specific instances are cited. The petitioner is eking out her livelihood by runningthe fair price shop.

Hence, the writ petition is disposed of directing that the order of suspensionpassed against the petitioner shall remain stayed till the fourth respondentpasses an order on the application for stay or in the appeal itself. There shallbe no order as to costs.

-----------------------

27.12.2004

Note:

Issue CC in three days.

(BO)

ksld

To

1 The Deputy Tahsildar ( Civil Supploies) Palasa Mandal, Srikakulam District.

2 The Mandal Revenue Officer, Vajrapukotturu Mandal, Srikakulam District.

3 The Revenue Divisional Officer, Tekkali, Srikakulam District.

4 The Joint Collector, Srikakulam District, Srikakulam.

5 Two CCs. to the G.P. for Civil Supplies, High Court of A.P., Hydeabad (OUT)

6 Two CD copies.