Telangana High Court
WP/25100/2004 of Arundhathi Womens Welfare Cooperative Society, Vs The Joint Collector, on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 25100 of 2004 Between: Arundhathi Women's Welfare Cooperative Society, rep., by
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDYWRIT PETITION NO : 25100 of 2004
Between:
Arundhathi Women's Welfare Cooperative Society, rep., by its President and Dealer, Smt.Shukun Bee, w/o Mabusab, aged 35 years, FP Shop Dealer of Kondapet Shop II, Chennur Mandal, Kadapa District.
AND
..... PETITIONER
1 The Joint Collector, Kadapa, Kadapa District.
2 The Revenue Divisional Officer, Kadapa, Kadapa District.
3 The Mandal Revenue Officer, Chennur Mandal, Kadapa District.
.....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 pleased toissue a writ, order, or direction more particularly one in the nature of writ ofmandamus declaring the action of the 2nd respondent in cancelling the Fair-PriceShop Dealership of the petitioner vide proceedings Ref.No.C/375/2004, dt.13-12-2004 as illegal, arbitrary and unjust and consequently direct the respondents topermit the petitioner to continue as Fair Price Shop Dealer of Kondapeta-II, ChennurMandal, Kadapa District pending disposal of the appeal before the 1st respondent inthe interest of justice.
Counsel for the Petitioner: MR.N.PARAMESWARA REDDYCounsel for the Respondents: GP FOR CIVIL SUPPLIES
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ORDER:
The petitioner was functioning as a Fair Price Shop Dealer. Through order, dated13.12.2004, the 2[nd] respondent cancelled the authorization of the petitioner on theground that the petitioner was selling the essential commodities a nt a higher rate,not supplying the commodities in proper quantities and that the shop was not beingrun according to the timings. The petitioner preferred an appeal before the 1[st]respondent together with an application for stay. Its grievance is that the 1[st]respondent has not passed any order on the stay application.
Heard learned counsel for the petitioner and learned Government Pleader for CivilSupplies.
The petitioner availed the remedy of appeal against the order of cancellation. The1[st] respondent has to examine the correctness or otherwise of the allegationsagainst the petitioner, on the basis of which the authorization was cancelled. Unlessthe order of cancellation is passed by an authority not vested with the power andwhere it is passed without issuing any show cause notice, suspending the sameduring the pendency of the appeal is almost impermissible. The 1[st] respondent canbe required to dispose of the appeal without any further delay.
Hence, the writ petition is disposed of, directing that the 1[st] respondent shall passappropriate orders in the appeal preferred by the petitioner, within a period of eightweeks from the date of receipt of a copy of this order. It is further directed that the 2[nd]respondent shall not appoint any person or agency as Dealer on permanent basisfor the shop in question, till the disposal of the appeal. There shall be no order as tocosts.
31.12.2004
Jsu
To
1 The Joint Collector, Kadapa, Kadapa District.
2 The Revenue Divisional Officer, Kadapa, Kadapa District.
3 The Mandal Revenue Officer, Chennur Mandal, Kadapa District.
4 2CCs to the G.P for Civil Supplies, High Court Buildings, Hyderabad(O.U.T).
5 2CD copies
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