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High Court for State of TelanganaWP/13742/2017allowed no costs

Burra Laxmirajam v. The State Of Telangana,

2017-04-18Challa Kodanda Ram1 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.13742 OF 2017 ORDER:

The impugned order dated 07.03.2017, directing the petitioner to close the flour-mill (pindi girni), is challenged before this Court.

While the impugned order discloses that it was passed without considering the explanation submitted by the petitioner on 25.04.2015 but, however, it was recorded that the petitioner did not respond to the notice issued by respondent No.2. The reply, which has been submitted by the petitioner on 25.04.2015, having not been considered, the impugned order, passed by respondent No.2, suffers from violation of principals of natural justice.

In those circumstances, the impugned order dated 07.03.2017 is set aside and respondent No.2 is directed to consider the objections raised by the petitioner and pass orders in accordance with law. The impugned order has since been set aside, the seizure of flour-mill is held to be illegal. Respondents shall forthwith open the seal of flour-mill, and handover possession to the petitioner.

The Writ Petition is, accordingly, allowed. No costs. Miscellaneous petitions pending, if any, shall stand closed.

____________________________ CHALLA KODANDA RAM,J Date:18.04.2017 usd