Telangana High Court
WP/26397/2007 of G.Deepthi, Vs the Joint Collector, on 31 December 2007
SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.26397 OF 2007 Date: 31-12-2007 Between: G.Deepthi … Petitioner And 1. The Joint Collector, Prakasam District at Ongole and others … Respondents THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.26397 OF 2007 O R D E R:
Date:31-12-2007
Between:
G.Deepthi … Petitioner
And
1. The Joint Collector,
Prakasam District at Ongole
and others … Respondents
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O R D E R:
Heard Sri R.K.Jwala, learned Senior Counsel appearing for thepetitioner and the learned A.G.P.for Civil Supplies.
2. The writ petition is filed praying for a Writ of Mandamus, declaring theorder of the 2[nd] respondent in Rc.F.466/2007 dated 1.6.2007 canceling theF.P.Shop dealership authorization of the petitioner and the inaction of the 1[st]respondent on the statutory appeal of the petitioner dated 18.6.2007 and thestay petition filed along with the statutory appeal as arbitrary, illegal,improper, in just and contrary to Sub clause (2) of Clause 2 of A.P. StatePublic Distribution System Control order 2001 and violative of orders of thiscourt in W.P.No.15941 of 2007, dated 26.7.2007 and Article 14 and 19(1)(g)of the Constitution of India and pass such other suitable orders.
3. In the application praying for amendment in W.P.MP.No.37240 of2007 which had been ordered by this court, the relief had been prayed fordeclaring the orders of the first respondent in R.C.C.No.S2/4045/2007, dated22.11.2007 dismissing the petition for stay and appeal filed against orders ofthe 2[nd] respondent dated 01.6.2007 as arbitrary, illegal, malafide andcontrary to principles of law and issue further appropriate orders. The saidorder dated 22.11.2007 reads as hereunder:
“ Smt.G.Deepthi, W/o Satyanarayana Reddy, FP Shop Dealer, Bollamkondavaripalem village, Tallur Mandal has filed an appeal along withstay petition before the Collector(CS) , Prakasam against the orders of theRevenue Divisional Officer, Kandukur vide reference 2[nd] read above in whichher authorization was cancelled, with a request to stay the operation of theorders of Revenue Divisional Officer, Kandukur dated 1.6.207 vide reference1[st] read above, canceling the authorization of the petitioner, until disposal ofthe appeal. After careful examination of the stay petition interim stay ishereby rejected for want of proper grounds and deserves no consideration. Accordingly the appeal is dismissed as devoid of any grounds of appeal. ARevision lies to the District Collector, Ongole within 30 days from the date ofreceipt of this order.”
4. Except observing that after careful consideration of stay petition,interim stay is rejected for want of proper grounds and deserves noconsideration and accordingly, the appeal is dismissed as devoid of anygrounds of appeal, no reasons as such had been recorded. The appellateauthority is expected to record reasons while disposing of a matter. May befor reasons best known in undue haste the said order had been made. Thiscourt is not inclined to express any further opinion relating to the said aspect. However, since the said impugned order dated 22.12.2007 made byCollector, CS, Ongole, being devoid of any reasons whatsoever, the same ishereby quashed and the matter is remitted to the Collector, CS, Ongole topass appropriate orders, after due application of mind, within a period of fourweeks from the date of receipt of a copy of this order.
5. The writ petition is disposed of accordingly. No order as to costs.
31[st] December, 2007.
_________________P.S.NARAYANA,J
PNV
Date: 31-12-2007