M/S.Annadatha Seed Processing Plant, v. The State Of Telangana,

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.19641 OF 2017 ORDER:

This writ petition is filed, under Article 226 of the Constitution of India, for the following relief: "to issue a Writ or order or direction, more particularly one in the nature of Writ of Mandamus, declaring the Proceedings No.SR Cell

(2) 320/2017 dated 20.05.2017 issued by the 3rd respondent, as illegal, arbitrary, and violative of law and the principles of natural justice; and pass such other order orders as may deem fit and proper in the circumstances of the case."

2.

Heard learned counsel for the petitioner and perused the prayer in the writ petition with supporting affidavit and the other material on record and also heard the learned Assistant Government Pleader, representing the office of the Additional Advocate General, on behalf of the respondents and perused the covered common order of this Court in W.P.Nos.17559, 17561, 17509 and 17610 of 2017, dated 15.06.2017, on the scope of Rule 15 of the Seeds Control Order, 1983.

3.

Though the facts in the above referred cases are different including the conclusion, instead of keeping the writ petition pending, this writ petition can be disposed of by setting aside the interim suspension order for there is no

such provision as observed in the above said writ petitions, but for to pass an order after conducting enquiry from the show-cause notice and reply, since show-cause notice dated 20.05.2017 is already issued and the petitioner submitted his reply, dated 24.05.2017, that was received, as per the endorsement on the first page of the same, by the office of the 2nd respondent.

4.

Having regard to the above, this writ petition is disposed of, by suspending the impugned interim suspension proceedings dated 20.05.2017 in No.SR Cell(2) 320/2017, however, pursuant to the show-cause notice and the reply, the respondents are at liberty to pass appropriate final orders according to law.

5.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence. No order as to costs.

_____________________________ DR.B.SIVA SANKARA RAO,J 19.06.2017 SS