Case details

Court: Telangana High Court
Decided: 28 December 2005
Case number: 12970/2005
Type: Judgment (ALLOWED)

Actions & My Vault

Save to My Vault

Ask Compass

Court copy / source

CNR: HBHC010130112005, case WP/27757/2005 (search it on the eCourts High Court services website (CNR Number tab))

Telangana High Court

WP/27757/2005 of Koppuravuri Venkata Subba Rao, Vs Superintendent of Police, on 28 December 2005

Cites 0, Cited by 0

COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION Nos. 27744, 27745, 27746, 27747, 27748, 27749, 27750, 27751, 27752, 27753, 27754, 27755,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FIVE

PRESENT

THE HON'BLE MR JUSTICE V.ESWARAIAH

WRIT PETITION Nos. 27744, 27745, 27746, 27747, 27748, 27749, 27750, 27751,27752, 27753, 27754, 27755, 27756 and 27757 of 2005

WRIT PETITION No. 27744 of 2005

Between:Maddi Venkata Swamy

ANDSuperintendent of Police,Vigilance & Enforcement,Rajahmundry and 3 others

..... PETITIONER

.....RESPONDENTS

WRIT PETITION No. 27745 of 2005

Between:Maddi Venkata Subbaiah

ANDSuperintendent of Police,Vigilance & Enforcement

..... PETITIONER

Rajahmundry and 3 others.....RESPONDENTSWRIT PETITION No. 27746 of 2005Between:Smt.Ch.Kameswari..... PETITIONERANDSuperintendent of Police,Vigilance & Enforcement,Rajahmundry and 3 others.....RESPONDENTSWRIT PETITION No. 27747 of 2005Between:Aritakula Veera Venkaiah..... PETITIONERANDSuperintendent of Police,Vigilance & Enforcement,Rajahmundry and 3 others.....RESPONDENTSWRIT PETITION No. 27748 of 2005

Between:Oleti Padmaja

AND

Superintendent of Police,Vigilance and Enforcement, Rajahmundry and 3 others.

WRIT PETITION No. 27749 of 2005

Between:Devaki Gurubraham

AND

Superintendent of Police,Vigilance and Enforcement,Rajahmundry WRIT PETITION No. 27750 of 2005

Between:Tavva Hanumantha Rao

AND

.....RESPONDENTS

..... PETITIONER

.....RESPONDENTS

..... PETITIONER

.....RESPONDENTS

WRIT PETITION No. 27751 of 2005

Between:Maddali Venkateswarlu..... PETITIONERANDSuperintendent of Police,Vigilance & Enforcement,Rajahmundry and 3 others.....RESPONDENTSWRIT PETITION No. 27752 of 2005Between:Maddi Krishna Murthy..... PETITIONERANDSuperintendent of Police,Vigilance and Enforcement,Rajahmundry and 3 others.....RESPONDENTS

WRIT PETITION No. 27753 of 2005

Between:Kota VenkateswarluANDSuperintendent of police,Vigilance & Enforcement,Rajahmundry and 3 others .....RESPONDENTS

WRIT PETITION No. 27754 of 2005

..... PETITIONER

Between:U.Chanti Babu

AND

Superintendent of Police,Vigilance & EnforcementRajahmundry and 3 others WRIT PETITION No. 27755 of 2005

Between:

Dandu Krishnaveni

AND

Superintendent of Police,

Vigilance and Enforcement,Rajahmundry and 3 others WRIT PETITION No. 27756 of 2005

Between:Nallam Ratnakumari

AND

..... PETITIONER

.....RESPONDENTS

..... PETITIONER

.....RESPONDENTS

..... PETITIONER

WRIT PETITION No. 27757 of 2005

.....RESPONDENTS

Between:

Koppuravuri Venkata Subba Rao

AND

Superintendent of Police,Vigilance & Enforcement,Rajahmundry and 3 others

..... PETITIONER

.....RESPONDENTS

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

Decisions in the index citing it

Cites

Decisions referred to

In this index

Of the decisions it cites

Overruled / Questioned

No negative treatment found

Loading the citing and cited decisions…

COMMON ORDER:

As all these writ petitions are filed for similar relief against the similar orders, theyare being disposed of at the stage of admission by this common order.

Heard the learned counsel for the petitioners and the learned Government Pleaderfor Civil Supplies.

All the writ petitioners are various fair price shop dealers, situated in Bhimavaramtown of West Godavari District. It is stated that previously their dealerships havebeen cancelled by various different orders dated 10.06.2005. Against which, the writpetitioners filed writ petitions i.e.W.P.No.12970/2005 and batch on the file of this

Conclusion

Court and this Court initially granted suspension of the said cancellation orders, byorders dated 20.06.2005, and on the vacate stay petitions, filed by the Government,the said writ petitions i.e. W.P.No.12970/2005 and batch were allowed by this Courtby orders dated 25.08.2005, remitting the matter back to the Revenue DivisionalOfficer, Narsapur, West Godavari District, directing him to consider the mattersindependently, after giving a reasonable opportunity of being heard to the petitionersand dispose of the same as indicated in the order of the said writ petitions. Pursuantto the said orders, the 3[rd] respondent issued show cause notices to the petitionerson 09.11.2005, framing various similar and common charges. The petitioners havefiled their respective explanations, and after considering their explanations, the fairprice shop dealerships of the petitioners have been cancelled by the 3[rd] respondentby various impugned orders dated 20.12.2005. Questioning the said orders, thesewrit petitions are filed, stating that the said cancellations orders are contrary to theorders of this Court dated 25.08.2005 passed in the aforesaid batch of writ petitionsand the said cancellations orders have been again passed based on the VigilanceReport No.34, dated 10.03.2005.

It is stated that two allegations made in the vigilance report are mainly againstthe concerned Mandal Revenue Officers and Deputy Tahsildars, but not against thefair price shop dealers, but without conducting any proper enquiry and without actingin right perspective of the directions of this Court, the 3[rd] respondent framed vaguecharges. It is further stated that no material particulars have been furnished asregards to the bogus cards, having obtained by certain persons with the connivanceof the officials. It is stated that the petitioners are not at all responsible in obtainingbogus cards by certain persons. It is further stated that what are the bogus cardsexisted within the purview of each dealership are not intimated or informed to thepetitioners, but as per the cards allotted to the petitioners’ fair price shops, thepetitioners have supplied the essential commodities to the persons whoeverproduced the cards. Therefore, it is the case of the petitioners that they have notindulged in any irregularities, major or minor.

As the impugned orders are mainly passed based on the vigilance report andwithout independently conducting any enquiry by the 3[rd] respondent as directed by this Court in the earlier batch of writ petitions, I am ofthe opinion that these are fit cases where cancellation orders have to be stayed pending disposal of the appeal before the Joint Collector.

Admittedly, as against the impugned orders, an efficacious alternative remedyof appeal available to the petitioners, I am of the opinion that it is just and proper todirect the petitioners to avail the remedy of appeal before the 2[nd] respondent, so asto enable the appellate authority to properly consider the appeals in the light of thedirections issued by this Court in the earlier batch of writ petitions.

Having regard to the facts and circumstances of the cases, the petitioners aredirected to file regular appeals before the 2[nd] respondent against the impugnedorders dated 20.12.2005, within a period of two weeks from the date of receipt of acopy of this Order, and if any such appeals are filed within the prescribed time, theimpugned orders dated 20.12.2005 stand stayed pending disposal of the appeals,and the appellate authority may be disposed of the appeals, in accordance with law,particularly in the light of the directions issued by this Court in batch of writ petitionsi.e. W.P.No.12970/2005 and batch, dated 25.08.2005, after giving a reasonableopportunity to the petitioners.

With the above observations, the Writ Petitions are disposed of. No order as to costs.

Dated: 28.12.2005

Dsr

________________

V.ESWARAIAH,J

Note:

Issue CC tomorrow

B/o

Dsr