WP/24429/2004 of B. Lalithamma, Vs The Jt. Collector, on 28 December 2004

ORAL ORDER:

The petitioner was appointed as a Fair Price Shop dealer. Through a show causenotice-cum-suspension order dated 3.11.2004, the second respondent suspendedthe authorization of the petitioner. She filed W.P.No.22003 of 2004 before this courtagainst the order of suspension. On 1-12-2004 this court disposed of the writ petitionleaving it open to the petitioner to avail the remedy of appeal under Clause 20 of theA.P. State Public Distribution System Control Order, 2001 (for short ‘the ControlOrder’) before the first respondent. A direction was issued to the first respondent todispose of the application for interim orders within one week from the date ofpresentation of the same. The petitioner had since availed the remedy of appeal andshe also filed an application for interim orders. The first respondent did not accede tothe request of the petitioner for interim orders, through proceedings dated16.12.2004. Hence this writ petition.

Heard learned counsel for the petitioner and learned Government Pleader for CivilSupplies.

When the petitioner approached this court directly, aggrieved by the order ofsuspension, she was directed to avail the remedy of appeal under the Control Order.The reason was that the appellate authority would be in a better position toappreciate the matter after examining the record. The effort was only to ensure thatthe authority, in whom the powers are vested under the Control Order, may take thestock of the situation and pass appropriate orders.

The petitioner filed an appeal as well as an application for interim order. Theapplication of the petitioner for interim orders was disposed of through proceedingsdated 16-12-2004 by the “Collectorate, Ananthpur”. The operative portion of theorder reads as under:

“On perusal of the grounds of the petition and material papers filed by the petitioner,the petition is hereby disposed. The Revenue Divisional Officer, Penukonda isdirected to dispose of the case pending before him as expeditiously as possible inaccordance with law.”

The order is signed by one Sri K. Narsing Rao “for Collector (CS), Anantapur”. It isnot clear as to whether the portion extracted above is authored by the Joint Collectoror by Sri K. Narsing Rao. The stay petition was said to have been disposed ofwithout indicating the result thereof, namely, whether the stay is granted or rejected.A direction was issued to the second respondent to dispose of the case pendingbefore him, as expeditiously as possible. In the preceding paragraph the recordsfrom the second respondent in the matter were called for.

Conclusion

The whole exercise discloses that the appellate authority had exhibited supineindifference in exercise of statutory powers. The power and exercise of it wasreduced to an empty formality. He did not choose to act in a cautious manner,particularly when the appeal was presented pursuant to the order of this court. If theorder has emanated from the Collectorate, it is a sad reflection on the functioning ofthat office and needs to assessed at appropriate level. At one stage, it was thoughtof issuing notice to the officers who are associated with the said proceedings.However, it was given up lest an impression is gathered that this the court is aftercertain officers. However, this much can be said that the text of the order referred toabove would certainly reflect upon the quality and nature of the administration in theDistrict, which, in turn would, reflect the one at the State level.

For the foregoing reasons, the Writ Petition is allowed and the order dated 3-11-2004 passed by the second respondent shall remain suspended till the secondrespondent passes appropriate orders in the appeal proceedings and the petitionershall be entitled to function as a dealer. There shall be no order as to costs.

Copies of this order is directed to be marked to the Chief Secretary and theCommissioner, Civil Supplies.

____________________

28[th] December, 2004

js.

L. Narasimha Reddy, J.

To

1. The Joint Collector, Ananthapur District.

2. The Revenue Divisional Officer, Penukonda, Ananthapur District.

3. The Mandal Revenue Officer, Tanakal Mandal, Ananthapur District.Ananthapur District.

4. The Chief Secretary to Government, Government of A.P. Hyderabad.

5. The Commissioner, Civil Supplies Department, Hyderabad.

6. Two CCs to G.P for Civil Supplies, High Court of A.P. Buildings,Hyderabad (OUT).Hyderabad (OUT).

7. Two CD Copies.