WP/34692/2011 of Smt.Kavitha Vs The Joint Collector, on 30 December 2011

ORDER :

Heard Sri T.V. Kalyaan Singh, learned counsel appearingfor the petitioner, as well as the learned Assistant GovernmentPleader for Civil Supplies appearing for the respondents.

2. This writ petition has been filed challenging the orderpassed under Section 6-A of the Essential Commodities Act, 1955by the 1[st] respondent-Joint Collector, Nizamabad District, in CaseNo.CS6/299/2011, dated 29.10.2011, which is appealable underSection 6-C of the said Act.

3. It is not in dispute that the Joint-Collector is thecompetent authority and that the impugned order has been passedafter due notice and opportunity to the petitioner. Therefore, thiscase does not fall within the exceptions so as to maintain the writpetition by-passing the said alternative remedy.

4. Accordingly, the writ petition is dismissed, at the stage ofadmission, permitting the petitioner to avail the said alternativeremedy, if she so chooses. No order as to costs.

5. In view of disposal of the writ petition, W.P.M.P.No.43144of 2011 is dismissed as unnecessary.

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JUSTICE NOUSHAD ALI

30.12.2011.Msr

THE HON’BLE SRI JUSTICE NOUSHAD ALI

WRIT PETITION No.34692 of 2011

30.12.2011 (Msr)