Telangana High Court
WP/27607/2005 of Boyalapalli Rajamma Vs The District Collector (CS), Prakasam District at Ongole on 27 December 2005
SRI JUSTICE V.ESWARAIAH W.P.NO.27607 OF 2005 Dt.27.12.2005 Between: Boyalapalli Rajamma … Petitioner And The District Collector (CS), Prakasam District at Ongole and 5 others … Respondents ORDER: Heard the learned counsel for the petitioner, the learned Government Pleader
THE HON’BLE SRI JUSTICE V.ESWARAIAH
W.P.NO.27607 OF 2005
Dt.27.12.2005
Between:
Boyalapalli Rajamma
… Petitioner
And
The District Collector (CS),
Prakasam District at Ongole and
5 others … Respondents
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ORDER:
Heard the learned counsel for the petitioner, the learned GovernmentPleader for Civil Supplies and the learned counsel appearing onbehalf of respondents 5 and 6.
The authorization of the petitioner has been cancelled by theRevenue Divisional Officer, Markapuram, vide order dated 7.10.2004on the ground that the petitioner has been selling essentialcommodities at higher price and not distributing the commoditiesproperly and giving as per tins causing inconvenience to the generalpublic. As against the said order, the petitioner filed an appeal beforethe Joint Collector, Ongole and the appellate authority set aside thesaid order on the ground that the said allegations are vague and notspecific and, however, the charges are not grave in nature and theyare not proved in accordance with law and accordingly allowed the appeal by order dated 4.10.2005. Aggrieved by the said order of theappellate authority, respondents 5 and 6, cardholders of Miriyampallivillage, filed revision before the Collector and the revisional authoritywhile admitting the revision stayed the operation of the order of theJoint Collector.
I have set aside similar such orders in a batch of writ petitions on theground that when the petitioner has succeeded before the appellateauthority and when the charges are not grave and serious in nature, itmay not be just and proper to stay the order of the appellate authority.
Having regard to the facts and circumstances of the case, the orderof the revisional authority dated 25.11.2005 staying the order of theJoint Collector is set aside and the revisional authority may considerand dispose of the main revision itself after giving reasonableopportunity to the petitioner as well as respondents 5 and 6 inaccordance with law. Till then, the petitioner shall be permitted todistribute essential commodities.
The writ petition is accordingly disposed of. No costs.
________________
(V.ESWARAIAH, J.)
27.12.2005
Note: Issue copy within two days
B.O.
kpr