Telangana High Court
WP/24701/2004 of Smt. V. Venkata Lakshumma, Vs The Joint Collector, Cuddapah. on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No: 24701 of 2004 Between: Smt. V. Venkata Lakshumma, W/o Late Damodar, R/o Moragudi
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
WRIT PETITION No: 24701 of 2004
Between:
Smt. V. Venkata Lakshumma, W/o Late Damodar, R/o Moragudi Village, Jammalamadugu Mandal, Cuddapah District.
..... PETITIONER
AND
1 The Joint Collector, Cuddapah. 2. The Revenue Divisional Officer, Jammalamadugu, Cuddapah District.
3 The Mandal Revenue Officer, Jammalamadugu Revenue Mandal, Jammalamadugu, Cuddapah District.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may 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 passing order Ref.No.B/1528/2004, dt. 16-12-2004 suspending the F.P. Shop Dealership held by thepetitioner of 5,6 and 10 wards of Moragudi Village, Jammalamadugu Mandal,Cuddapah District as illegal, arbitrary, unjust and against the principles of NaturalJustice and consequently directing the respondents not to give effect to theproceedings in Ref.No. B/1528/2004, dt. 16-12-2004 of the 2nd respondent, pendingenquiry against the petitioner.
Counsel for the Petitioner: MR.NAGARAJU NAGURU
Counsel for the Respondents: GP FOR CIVIL SUPPLIES
The Court at the admission stage made the following:
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ORDER:
The authorisation of the petitioner was suspended by the first respondent throughproceedings, dated 16-12-2004, on the basis of certain allegations. The petitionerchallenges the same in this writ petition.
Heard learned counsel for the petitioner and learned Government Pleader for CivilSupplies.
The petitioner had an effective remedy by way of an appeal under Clause 20 of theAndhra Pradesh Public Distribution System Control Order, 2001, before the JointCollector. The appellate authority is conferred with the power to pass interim ordersalso. Hence, this Court is not inclined to admit the writ petition filed against the orderof suspension.
Learned counsel for the petitioner states that no alternative arrangements have beenmade in place of the petitioner and that the petitioner may be continued till theappellate authority takes up the application that may be filed by the petitioner.
Hence, the writ petition is disposed of, leaving it open to the petitioner to prefer anappeal before the appellate authority. In case no alternative arrangements havebeen made in place of the petitioner, status quo obtaining as on today shall bemaintained, till the appellate authority passes orders in the application for stay,provided it is filed within 10 days from today. There shall be no order as to costs.
______________
29-12-2004
Note: Issue C.C. by tomorrow.(B/o)
Jsu
To
1 The Joint Collector, Cuddapah.
2. The Revenue Divisional Officer, Jammalamadugu, Cuddapah District.
3 The Mandal Revenue Officer, Jammalamadugu Revenue Mandal, Jammalamadugu, Cuddapah District.Mandal, Jammalamadugu, Cuddapah District.
4 2CCs to the G.P. for Civil Supplies, High Court Buildings, Hyderabad (OUT).Hyderabad (OUT).
5 2CD copies.