Telangana High Court
WP/37365/2021 of Butti Raju Vs The State of Telangana on 31 December 2021
THE S r s pi i i J' b iid'i,,;IiIF".",: rlt"\ A N GA N A FRIDAY, T-HE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND rWrrurV Or.tE'' --'' PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITIONNO:37365 OF 2021 Between: AND 1 B l l["T3',' vi', :r!"'i[r ffir.T
HIGH COURT FOR THE SN GA N Ar [s ][pi ]i [i ]J' b iid'i,,;IiIF".",: rlt"\A
FRIDAY, T-HE THIRTY FIRST DAY OF DECEIVBER--''TWO THOUSAND AND rWrrurV Or.tE''
PRESENT
THE HONOURABLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITIONNO:37365 OF 2021
Between:
B l l["T3',' vi', :r!"'i[r ffir.T i,il5ht t lE i?.,p"11 U n [- ]e m p r o ve e, R/o H N o 3 - 7e,
...PETITIONER
AND
1and The State of Telanqana. Civit Suppties, [-secretaribt ]RqO. oi,iiol^s, bV.its principal Secretary, Consumer Affairs, FoodiiIE[";jT3,iiIE[";jT3, The Joint Collector (C.S), Nizamabad District.
3The Revenue Divisional Officer, Armoor, Nizamabad District.
The Tahsildar, Balkonda I\Iandal, Nizamabad District.
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue any writ or writs order or direction more particularly one in the nature ofWRIT OF IVANDAMUS declaring the action of the respondent no.3 cancelled thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue any writ or writs order or direction more particularly one in the nature ofWRIT OF IVANDAMUS declaring the action of the respondent no.3 cancelled theAuthorization of Fair Price Shop No.1805004 of Balkonda Village and N/andal,Nizamabad District vide Proceedings No.B3/3212020 on 0411012021 without givingany opportunity to submit an is illegal, arbitrary and violative of principles of naturaljustice and consequently set-a-side the Proceedings No. [REDACTED], dt.0411012021 passed by tfie 3rd respondent, in the interest of [justice ]and equity.0411012021 passed by tfie 3rd respondent, in the interest of [justice ]and equity.
lA NO: 1 OF 2021
Petition under Section 151 CPC [praying ]that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be [pleased ]to directthe 2nd respondent to pass orders on the Appeal dt.1711112021 filed by thepetitioner to retain the F.P. Shop No,1805004 of Balkonda village and lvlandal,Nizamabad District, forthwith, pending disposal of the above writ petition.
Counsel for the Petitioner : SRl, MOGILI ANAVENI
Counsel for the Respondents : GP FOR CIVIL SUPPLIES
The Court made the following: ORDER
THE HON'BLE [SRI ][JUSTICE ][T. ][VINOD ][KUMAR]WRIT PETI[TION No. ][3][736s ][oF ][2021]
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ORDER:
This Writ Petition [is ][filed ][to ][declare ][the ][action ][of ][the]No.3 [in ][cancelling the ][authorization ][of ][Fair ][Price ][Shop]respondent No.1805004 of Balkonda [village ][and Mandal, ][Nizamabad ][District,]vide proceedings clated 04.1O.2021 , [without ][giving any ][opportunity]to the petitioner, as being illegal, arbitrary [and ][violative ][of]principles of nat urai justice.
2. I'Ieard learned Counsel for the petitioner and the learnedGovernment Pleader for Civil Supplies and with their consent, theWrit Petition is taken up for hearing and disposal at the stage ofadrnission.
3. Admittedly, being aggrieved by the order of the 3',rrespondent dated 04.10.2021, the petitioner has filed an appeal asprovided under the Telangana State public Distribution System(Control) Order, 2O18 before the 2"d respondent_ on 1T.ll.2O2l andthe same is pending consideration. Having chosen to avail theremedy of appeal, he cannot be permitted to invoke the jurisdictionof this Court under Article 226 of t]ne Constitution of India and totravel on two boats.
4. In view of the above, since the petitioner has already availedthe alternative remedy by filing appeal, this Court is of the viewthat the 2"d respondent can be directed to consider and dispose ofthe appeal in accordance with 1aw within a period of two monthsfrom the date of receipt of a copy of this order.
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5Subject to the above direction, the Writpetition is disposedof. No order as to costs.of. No order as to costs.
Mjscel.laneous petitions, if any, pending in the writ petition.shall stand closed.any, pending in the writ petition.shall stand closed.
SD/.B.SATYAVATHIA.SSISTANT REGISTRARlt.t \..,.---SECTION OFFICER
,TRUE COPY//
To,
1. The Principal Secretary, Consumer Affairs, Food and Civil Supplies State ofTelangana, Secretariat building, Hyderabad T.STelangana, Secretariat building, Hyderabad T.S
2. The Joint Collector (C.S), Nizamabad District.
3. The Revenue Divisional Officer, Armoor, Nizamabad District.
4. The Tahsildar, Balkonda Mandal, Nizamabad District.
5. One CC to SRl. MOGILI [ANAVENI ], [Advocate ][OPUC]
6. Two CCs to GP FOR CIVIL [SUPPLIES, High ][court ][for ][the ][state ][of ][Telangana ][at]Hyderabad. [OUT]Hyderabad. [OUT]
7. Two CD Copies
B. One Spare [coPY]
ABBASI
NPJ
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HIGH [GOURT]
DATED [i ][3111212021]
ORDER
WP.No.37365 of 2021
DISPOSING OF THE WRIT PETITIONWTHOUT COSTS
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