Telangana High Court

WP/26068/2008 of Smt.Mummadi Padmavathi Vs The Joint Collector, on 29 December 2008

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 26068 of 2008 Between: Smt.Mummadi Padmavathi W/o.Venkateswarlu Polireddypalem

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MR JUSTICE C.V.RAMULUWRIT PETITION NO : 26068 of 2008

Between:

Smt.Mummadi Padmavathi W/o.Venkateswarlu Polireddypalem Village, Doravari Satram Mandal, Nellore District.

..... PETITIONER

AND

1 The Joint Collector, Nellore.

2 The Revenue Divisional Officer, Gudur, Nellore District.

3 The Tahsildar, Doravari Satram Mandal, Nellore District.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue an order, direction or writ, more particularly one in thenature of writ of mandamus declaring the order of the 3rd respondentpassed in Rc.B.210/2008 dated 06.10.2008 suspending the authorisationof the petitioner's F.P. Shop of Polireddypalem, D.V. Satram Mandal,Nellore District as illegal, arbitrary, violative of Principles of NaturalJustice and against the provisions of A.P. State Public DistributionSystem (Control Order) 2008 and set-aside the same and pass.

Counsel for the Petitioner:MR.V.SUDHAKAR REDDY

Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES

The Court made the following :

THE HONOURABLE SRI JUSTICE C.V.RAMULU

WRIT PETITION NO. 26068OF 2008

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ORDER:

1. This writ petition is filed seeking mandamus declaring the order ofthe 3[rd] Respondent passed in Proceeding No. B-210/2008, dated 6-10-2008 suspending the authorization of the petitioner against the Fair PriceShop of Polireddypalem, D.V. Satram Mandal, Nellore District asarbitrary, illegal and contrary to the provisions of the A.P. State PublicDistribution System ( Control Order, 2008).

2. According to the petitioner, the authorization held by him against theFair Price Shop, of Polireddypalem, D.V. Satram Mandal, Nellore Districtwas suspended on certain allegations made against him by the Tahsildar,D.V. Satram Mandal.

3. It is the case of the petitioner that 3[rd] Respondent-Tahsildar has nojurisdiction or authority to pass an order of suspension of this nature. Ifthe authorization needs to be suspended by a Tahsildar, he can do so fora period of 90 days. Since the period is not indicated, it must be deemedthat the authorization of the petitioner is suspended during the pendencyof the enquiry contemplated against him. Such a power is not vested withthe Tahsildar.

4. There is no necessity of going into all the details. The 90 days timewould lapse on 3-1-2009, therefore, it cannot be said that the orderpassed by the Tahsildar stating that the authorization of the petitioner issuspended till the pendency of the enquiry.

5. Under those circumstances, the respondents are directed to restorethe authorization of the petitioner, if it is not extended by the RevenueDivisional Officer, concerned before expiry of (90) days, and thepetitioner shall be permitted to carry on his business.

5, With the above direction, this writ petition is disposed of. No orderas to costs.

____________________Justice C.V. Ramulu

29[th] December, 2008.Note : C.C. in a weekB/oKM

THE HONOURABLE SRI JUSTICE C.V.RAMULU

WRIT PETITION NO. 26068OF 2008

29th December, 2008.

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