Telangana High Court
WP/24974/2004 of M. Kannaiah Chetty, Vs The Govt of A.P., on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24974 of 2004 Between: M. Kannaiah Chetty, S/o. Venkatratnam Chetty, Bhajanakoil Street,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 24974 of 2004
Between:
M. Kannaiah Chetty, S/o. Venkatratnam Chetty,Bhajanakoil Street, Murakambhattu, Chittoor.
AND
..... PETITIONER
1 The Govt of A.P., rep. by Dy. Inspector General of Registration & Stamps, Kurnool Range, Kurnool-2. Kurnool Range, Kurnool-2.
2 The District Registrar of Assurances, Chittoor, Chittoor 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 in the nature of writ of Mandamus,declaring the action of the respondents in suspending my license through theproceedings dt. 17.10.2003 as being illegal, arbitrary, violative of principles ofpromissory estoppel besides the same is suffers from vice of excessive delegation ofpower being violative of Articles 14, 19 (1) (g) and 21 of the Constitution of India, andpass such other order or orders or as are deemed fit and proper.
Counsel for the Petitioner: MR.D.SESHADRI NAIDU
Counsel for the Respondents:
The Court made the following :
ORAL ORDER:
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Petitioner states that he having been granted a temporary license to sell thestamps under license No. 3/76 dated 8.4.1976, is doing the said business, withoutany complaints from any quarter. He submits that he has been submitting periodicalstatements, as required under the conditions of license to the 2[nd] respondent for dueverification.
He further states that on 12.9.2003, the 2[nd] respondent herein issued a showcause notice to him to explain as to why action should not be initiated against him asper the Rules for difference of stock to a tune of 208 copy stamps of Rs.1/-denomination, as there were no entries in the connected registers maintained byhim. The petitioner claims to have submitted his explanation to the said noticestating that the said stamps were kept aside for his personal use in several cases,which are pending and where he is a party, and sought exoneration for the lapse.But the 2[nd] respondent, without considering his explanation, passed the impugnedproceedings No. A/470/2003 dated 17.10.2003 suspending his license under Rule39 of the Indian Stamp Act without specifying the period of suspension, and alsodirected him to handover the Sales Register Book under all categories and IndentRegister to the Joint Sub Registrar, I.R.O., Chittor, forthwith. Aggrieved by the same,the petitioner claims to have preferred an appeal before the first respondent bringingall the facts to his notice, and the same is still pending.
Inasmuch as the appeal said to have been filed before the first respondentagainst the orders passed by the 2[nd] respondent suspending his stamp vendorlicence, is pending, I do not want to go into the merits of the matter, especially as tothe correctness or otherwise of the order passed by the 2[nd] respondent, and therefore, without interfering with the order of the 2[nd] respondent, I deem itappropriate to dispose of the writ petition with the following directions:
The 1[st] respondent is directed to consider and dispose of the appeal filed bythe petitioner against the orders passed by the 2[nd] respondent suspending hisstamp vendor licence, expeditiously. No costs.
mdaa/svv 31-12-2004
-------------------
Copy to:
1 The Dy. Inspector General of Registration & Stamps, Govt of A.P., Kurnool Range, Kurnool-2.
2 The District Registrar of Assurances, Chittoor, Chittoor District.
3. Two C.Cs to G.P.
4. Two C.D.copies.
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