K. Chandra Reddy v. State Of Telangana,

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 22115 of 2017 Order:

Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

The petitioner was issued authorization in respect of Fair Price Shop No.10 of Peddanandigama village, Kodangal Mandal, Mahabubnagar district and it was renewed from time to time and lastly up to 14.05.2015 for a period of two years. While so, an inspection was conducted on 04.12.2015 and a report was submitted under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act') on 05.12.2015 alleging certain irregularities. The stock was seized pursuant to the initiation of proceedings. The second respondent passed orders of 100% confiscation of seized stocks on 08.06.2016. However, with regard to license of the petitioner, though it was suspended in February 2016 and the petitioner submitted an explanation, no orders are stated to have been passed by the third respondent. In the circumstances, the present Writ Petition is filed.

The third respondent is aware that the proceedings under Section 6-A of the Act are different from the proceedings relating to the cancellation of license. A show cause notice was already issued and the petitioner submitted his explanation to the said show cause notice on 11.07.2016. In the normal circumstances, the third respondent should have completed the enquiry and passed appropriate orders within three months thereafter. But, since no orders are passed, the third respondent is directed to complete the enquiry initiated pursuant to the issuance of show cause notice dated 30.06.2016 and pass appropriate orders in

accordance with law within a period of three (3) months from the date of receipt of a copy of this order, if no order was already passed. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions pending in this Writ Petition, if any, shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 07.07.2017 Nsr