Telangana High Court

WP/24708/2003 of Renewable Energy Systems Limited, a public limited Vs Board of Industrial and Financial Reconstruction, Jawahar on 29 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No. 24708 of 2004 Between: 1 Shaik Khaja Rahemathulla, s/o Khaja Saheb, r/o Khanapuram

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE SIXTEENTH DAY OF JUNETWO THOUSAND AND FIVE

PRESENT

THE HON'BLE MR JUSTICE V.V.S.RAO

WRIT PETITION No. 24708 of 2004

Between:

1 Shaik Khaja Rahemathulla, s/o Khaja Saheb, r/o Khanapuram (Venkatrampuram) Village of Kodad Mandal.

2 Shaik Khaja Vali, s/o Hussain,

r/o Kodad Town and Mandal.

3 Veriparla Johone, s/o David,

r/o Shanthinagar, (Incharge of BG Thands) of Kodad Mandal.

4 Chetluri Nagoor Bee, w/o Khasheempeera, r/o Ganapavaram Village of Kodad Mandal.

5 Shaik Babu, s/o Khaseem,

r/o Lakkavaram Village (Incharge of Ghole thanda)

6 Shaik Meerasaheb, s/o Malki Saheb,

r/o Kapugallu Village of Kodad Mandal.

7 Shaik Janimiya, s/o Meerasaheb,

r/o Komarabanda Village of Kodad Mandal

8 Mathangi Pushpa, w/o Prasad,

Thammara Village of Kodad Mandal

9 Boila Laxmaiah, s/o Asheervadam,

r/o Gondriyala (Incharge of Kottagudem thanda of Kodad Mandal)

10 Manchala Padma, w/o Nagaiah,

r/o Gudibanda Village, Kodad Town and Mandal.

11 Patannagul Meer, s/o Janimiya,

r/o Kodad Town and Mandal.

12 A.Venkateshwarlu, s/o Ramachandraiah, r/o Kodad Town and Mandal, Nalgonda District.

13 J.Seetha Ramulu, s/o Kotaiah,

r/o Kodad, Nalgonda District.

14 Sk.Nazaraiah, s/o Khasim Saheb,

r/o Kodad, Nalgonda District.

15 Sk.Meeravali, s/o Nazaraiah,

r/o Nollbandagudem, Nalgonda District.

AND

1 The District Collector (CS), Nalgonda, Nalgonda District.

2 The Revenue Divisional officer, Suryapet, Nalgonda District.

3 The Mandal Revenue Officer, Kodad Mandal, Nalgonda 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 one in the nature ofwrit of mandamus, to declare the action of the 3rd respondent in canceling thelicences of the petitioners by Proc.No.B/4370/2004, dt.04-12-2004 as illegal,arbitrary and against the principles of natural justice and also violation of Article 14and 21 of the Constitution of India and consequently set aside the same.

Counsel for the Petitioners : MR.PALLE NAGESWAR RAO

Counsel for the Respondents : GP FOR CIVIL SUPPLIES

The Court made the following :

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ORDER :

The petitioners herein are Kerosene Hawkers. They were appointed and grantedlicence after 25-4-1994. Therefore, the Mandal Revenue Officer, licencing authorityunder the provisions of the Andhra Pradesh Petroleum Products (Licensing andRegulation of Supplies) Order, 1980 (hereafter called ‘the Control Order’) issuedshow-cause notices and cancelled the licence given to the petitioners by separateorders. These orders are assailed in the writ petition.

When the interlocutory matters were taken up for consideration, the learnedAssistant Government Pleader for Civil Supplies opposed the writ petition itselfcontending that under Clause 31 of the Control Order, an appeal lies to the RevenueDivisional Officer and that the petitioners have already filed appeals. In that view ofthe matter, without expressing any opinion on the merits of the case, this writ petitionis disposed of directing the Revenue Divisional Officer, Suryapet, Nalgonda District,to pass appropriate orders on the appeals filed by the petitioners within a period ofthree weeks from the date of receipt of a copy of this order. No costs.

_______________

Msr.

To

1 The District Collector (CS), Nalgonda, Nalgonda District.

2 The Revenue Divisional officer, Suryapet, Nalgonda District.

3 The Mandal Revenue Officer, Kodad Mandal, Nalgonda District.

4 2 CCs to Government Pleader for Civil Supplies, High Court Buildings, Hyderabad.

5 2 CD copies.

HON’BLE SRI JUSTICE V.V.S. RAO

WRIT PETITION No.24708 of 2003

16-06-2005(Msr)

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