Sri Gandham Swamy v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 5101 of 2020 O R D E R:

This writ petition is filed for the following relief: "....to issue a writ, order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the 3rd respondent in issuance of cancellation of the License Right Order vide RC.No.B4/1745/2018, dated 02.02.2020, without any enquiry and without following due process of law and thereby trying to allot the same license by open auction on dated 10.03.2020 vide notification RC.No.B4/1293/2019 dated 26.02.2020 is illegal, arbitrary, unjust and contrary to law and violative of principles of natural justice while consequently direct the respondents to follow the due process of law...."

Petitioner asserts that without issuing any notice and without calling for his explanation with respect to the specific allegation that he is collecting money and not passing on to Sri Rajarajeswari Devasthanam, Vemulawada, Rajanna Siricilla District, respondent No.3 issued proceedings, dated 02.02.2020, terminating his licence, which is valid till 31.03.2021.

Considering the nature of the grievance of the petitioner, without going into the merits of the matter, the writ petition is allowed and the impugned order is set aside. It is open to the respondents to issue show cause notice to the petitioner specifying the allegations and pass orders after considering the explanation that may be submitted by him. It is made clear that the petitioner is entitled to carry on the work till the final order is passed. Miscellaneous petitions, if any, pending in this writ petition shall stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:06.03.2020 Note: Issue cc tomorrow.

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