Telangana High Court
WP/24658/2004 of Smt. Ch.Krishnamma Vs The Joint Collector on 29 December 2004
HIGH 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: 24658 of 2004 Between: Smt. Ch.Krishnamma W/o P.Venkatararmi Reddy R/o Vemula
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: 24658 of 2004
Between:
Smt. Ch.Krishnamma W/o P.Venkatararmi Reddy R/o Vemula Village Mundlamur Mandal, Prakasam District.
..... PETITIONER
AND
1 The Joint Collector Prakasam District.
2 The Reveune Divisional Officer Kandukur, Prakasam District.
3 The Mandal Revenue Officer Mundlamur, Mundlamur Mandal Prakasam 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 pleased toissue an appropriate writ, order or direction more particularly in the nature of Writ ofMandamus declaring the in action of the joint Collector, Prakasam District, Ongole,in failing to pass the stay orders on the petition dt. 20/12/2004 in the appeal filed bythe petitioner against the orders of the Revenue Divisional officer, Kandukur, dt.16/12/2004 in RCF .No.1924/2004 as illegal, arbitrary and unjust and further directthat the petitioner be continued as the P.P.Shop declare of vemula village inMundlamur mandal, prakasam District. pending disposal of the appeal by the JointCollector .
Counsel for the Petitioner: MR.I.GOPAL REDDY
Counsel for the Respondents: GP FOR CIVIL SUPPLIES
The Court at the admission stage made the following:
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ORDER:
The authorization of the petitioner was cancelled by the 2[nd] respondent throughorder, dated 16.12.2004. Aggrieved thereby, the petitioner preferred an appealbefore the 1[st] respondent together with an application for stay. Her grievance is thatthe 1[st] respondent has not passed any order so far, and seeks appropriate directionsfrom this Court.
Heard learned counsel for the petitioner and learned Government Pleader for CivilSupplies.
Learned counsel for the petitioner made extensive reference to the proceedings thathave ensued ever since the petitioner was issued an order of suspension. Two writpetitions came to be filed and an appeal before the 1[st] respondent apart frominitiation of proceedings under Section 6-A of the Essential Commodities Act.
However, once an order of cancellation is passed, all the steps, such as suspensionpending enquiry, merge into it. The validity or otherwise of the order of cancellationneeds to be considered by the appellate authority. Permitting a dealer to functioneven after cancellation of the authorization is almost a rarity. This Court does not findany basis or extraordinary circumstances to permit the petitioner as dealer, pendingthe appeal. However, the 1[st] respondent can be required to dispose of the appeal.
Hence, the writ petition is disposed of directing the 1[st] respondent to passappropriate orders in the appeal preferred by the petitioner against the order ofcancellation, within four weeks from the date of receipt of this order. It is alsodirected that the 2[nd] respondent shall not appoint any dealer on regular basis in theplace of the petitioner, till the disposal of the appeal by the 1[st] respondent. Thereshall be no order as to costs.
_________
(B/o)
Jsu
To
1 The Joint Collector Prakasam District.
2 The Reveune Divisional Officer Kandukur, Prakasam District.
3 The Mandal Revenue Officer Mundlamur, Mundlamur Mandal Prakasam District. Prakasam District.
4 2 CCs to the G.P. for Civil Supplies, High Court Buildings, Hyderabad (OUT).
5 2 CD copies.