WP/24049/2004 of Smt.B.Yasodamma Vs The Joint Collector, on 27 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 24049 of 2004

Between:

Smt.B.Yasodamma W/o.B.SubbarayuduR/o.Pedda gummadapuram Village Kothapalli Mandal, Kurnool District.

..... PETITIONER

AND

1 The Joint Collector, Kurnool District.

2 The Revenue Divisional Officer, Kurnool.

3 The Mandal Revenue Officer, Kothapali Mandal, Kurnool District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto issue a writ or order or direction, preferable to the nature of writ ofMandamus declaring the action of the 2nd respondent in suspending thepetitioners authorization for the Fair Price Shop Dealer of PeddaGummadapuram Village, Kothapalli Mandal Kurnool District by issuingimpugned Suspension order in Rc B.1573/2004, dt.30.11.2004 on flimsy anduntenable grounds only yielding to the political pressures and further action ofthe 1st respondent in not disposing the appeal filed by the petitioner, as illegal,arbitrary and violation of Article 14,19,21 of constitution of India andconsequently set aside the above stated impugned proceedings of the 2ndrespondent with a further directions to the respondents to continue thepetitioner as Fair Price Shop dealer of Peda Gummadapuram Village, KothapalliMandal, Kurnool District and pass such other order or orders.

Counsel for the Petitioner:MR.K.RATHANGA PANI REDDY

Counsel for the Respondents 1 to 3: GP FOR CIVIL SUPPLIES

The Court at the stage of admission made the following ORDER:

Petitioner was appointed as a fair price shop dealer of Pedda Gummadapuramvillage, Kothapalli mandal, Kurnool district in the year 1996. The secondrespondent suspended her authorization through proceedings dated 30.11.2004.Aggrieved thereby, the petitioner preferred an appeal before the firstrespondent, together with an application for stay. Her grievance is that noorders have been passed so far either in the appeal or in the stay petition, andseeks appropriate directions in this regard.

Heard learned counsel for the petitioner and learned Government Pleader forCivil Supplies.

The authorization of the petitioner was suspended on the basis of a report dated04.08.2004 said to have been submitted by the third respondent. Theallegations against the petitioner, are that she is selling the essentialcommodities in lesser quantities, weighments are not proper and that she iscollecting Rs.0.25 ps. over and above the cost of the rice, are general innature. It was also alleged that she is keeping the shop open only for two orthree days in a month. The petitioner has filed the copy of the representationsaid to have been signed by about 130 residents of the village to the effect thatshe has not committed any irregularities. This Court cannot record any findingon such disputed questions of fact.

The application for grant of stay ought to have been disposed of by the firstrespondent without much delay. In many cases, delay in disposal of suchapplications would, in fact, defeat the very purpose of appeal.

In the present case, prima facie, it is evident that the second respondent suspended the authorization of the petitioner nearly four months after hereceived the report from the Mandal Revenue Officer. Within this time, he couldhave verified the truth or otherwise of the allegations against the petitioner bygiving her an opportunity. The petitioner has been continuing as dealer since1996 and the nature of allegations against her are not so serious as to warrantsuspension pending enquiry.

Hence, the writ petition is disposed of directing that the order of suspensionpassed against the petitioner shall remain stayed till the first respondentdisposes of the appeal. No order as to costs.

-------------------------

27.12.2004

Note:

Issues

Issue CC in two days.

(BO)

ksld

To

1 The Joint Collector, Kurnool District.

2 The Revenue Divisional Officer, Kurnool.

3 The Mandal Revenue Officer, Kothapali Mandal, Kurnool District.

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

5 Two CD copies.