Telangana High Court

WP/21292/2006 of N. Padmavathi, Vs The Joint Collector, on 28 December 2006

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SRI JUSTICE C.V.RAMULU W.P.No.21292 of 2006 Dated:28.12.2006 Between N.Padmavathi …..Petitioner and 1. The Joint Collector, Anantapur, Anantapur District And others. …Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.21292 of 2006 ORDER: This writ petition is

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THE HON’BLE SRI JUSTICE C.V.RAMULU

W.P.No.21292 of 2006

Dated:28.12.2006

BetweenN.Padmavathi

and

…..Petitioner

1.The Joint Collector,Anantapur, Anantapur DistrictAnd others.

…Respondents

THE HON’BLE SRI JUSTICE C.V.RAMULUW.P.No.21292 of 2006

ORDER:

This writ petition is filed seeking a Mandamus to declare the impugned order passed by the 2[nd]respondent in suspending the authorization of thep e t i t i o n e r videproceedings in Rc.No.D1-CS/1563/2006, dated 16.09.2006 pendingconsideration of his explanation submitted for thecharges made against him, as arbitrary and illegal.

While admitting the writ petition on13.10.2006, this Court granted interim suspensionof the impugned proceedings.

The respondents filed counter and vacatestay petition.

It appears that the petitioner is the fair price shop dealer of shop No.1, BukkarayasamudramVillage and Mandal. While so, a show cause notice dated 16.09.2006 was issued to the petitionerenumerating certain charges, seeking explanationof the petitioner. On the very same day, theauthorization of the petitioner was suspendedpending enquiry into the matter.In the show cause notice issued on15.9.2006, it was stated that the Deputy Tahsildar,Civil Supplies, Anantapur proceeded toBukkarayasamudram Village, inspected the fairprice shop of the petitioner and found 85 liters ofkerosene oil in excess. Therefore, he seized theground stock available in the fair price shop. After adetailed enquiry and verification of the registers,proceedings under Section 6-A of the EssentialCommodities Act have been initiated. Thereafter,the said show cause notice was issued to thepetitioner, and on the very same day hisauthorization was suspended. The suspensionof authorization is not a punishment and it is onlypending enquiry into the matter. Therefore, it doesnot call for any interference by this Court.

It is an admitted fact that the petitioner has availed the effective and alternative remedy offiling a statutory appeal on 23.9.2006 before the 1[st]respondent-Joint Collector, Anantapur Districtagainst the impugned order. Having filed such anappeal, he has filed the present writ petition onvarious grounds.

In view of the above, I deem it appropriate to direct the 1[st] respondent-Joint Collector to disposeof the appeal purported to have been filed by thepetitioner on 23.09.2006, against the impugnedorder dated 16.09.2006 passed by the 2[nd]respondent-Revenue Divisional Officer, Anantapur,suspending his authorization, within a period of sixweeks from the date of receipt of a copy of thisorder. However, the impugned order of suspensionshall not be given effect to, during pendency of theappeal.

Writ petition is disposed of accordingly. Nocosts.

__________

28-12-2006

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