Telangana High Court
WP/24047/2004 of K.A. Matheen, Vs The Joint Collector, Kurnool District. on 27 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24047 of 2004 Between: K.A. Matheen, S/o K.S. Abdul Hassan, R/o H.No. 5/2485,
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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 MR JUSTICE L.NARASIMHA REDDY
WRIT PETITION NO : 24047 of 2004
Between:
K.A. Matheen, S/o K.S. Abdul Hassan, R/o H.No. 5/2485, 17th Ward, Lakshmipet, Yemmiganur,Kurnool District.
..... PETITIONER
AND
1 The Joint Collector, Kurnool District.
2 The Revenue Divisional Officer, Adoni, Kurnool District.
3 The Mandal Revenue Officer, Yemmiganur, Kurnool District.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ, order or direction more particularly one in the nature of Writ ofmandamus declaring the action of the 2nd Respondent in proceedings inRc.M.1204/2004 dt. 3-12-2004 as illegal, arbitrary, malafide against the provisions ofControl Order 2001 and consequently direct the respondents to restore theauthorisation of the petitioner by suspending impugned proceedings pending theappeal before the 1st Respondent.
Counsel for the Petitioner: MR.K.V.RAGHU VEER
Counsel for the Respondents: GP FOR CIVIL SUPPLIES
The Court at the stage of admission made the following ORDER:
The petitioner is a fair price shop dealer. His authorisation was suspended by thesecond respondent through order dated 03-12-2004 on the allegation that he hasdiverted 550 liters of kerosene meant for public distribution. Proceedings underSection 6-A of the Essential Commodities Act (for short ‘the Act’) were also initiated.Aggrieved by the order of suspension, the petitioner preferred an appeal before thefirst respondent, together with an application for stay. The first respondent is said tohave rejected the stay petition. Hence, this writ petition.
Heard learned counsel for the petitioner and learned Government Pleader for CivilSupplies.
On the face of it, the allegation against the petitioner is serious in nature. Further, theproceedings under Section 6-A of the Act have also been initiated against thepetitioner. Under the Andhra Pradesh Public Distribution System Control Order2001, pendency of proceedings under Section 6-A of the Act is one of the groundsfor suspension of authorisation. Hence, this Court is not inclined to interfere with theorders passed by the respondents, at this stage. However, the first respondent shalldispose of the appeal as well as the proceedings initiated against the petitionerunder Section 6-A of the Act, within a period of eight weeks from the date of receipt of a copy of this order.
Accordingly, the writ petition is disposed of. No order as to costs.
_______________
27-12-2004
kdl
To
1 The Joint Collector, Kurnool District.
2 The Revenue Divisional Officer, Adoni, Kurnool District.
3 The Mandal Revenue Officer, Yemmiganur, Kurnool District.
4 Two C.Cs. to the Government Pleader for Civil Supplies, High Court Buildings, A.P., Hyderabad, (OUT).
5 Two C.D. Copies.