High Court for State of TelanganaWP/7573/2016disposed of no costs

Smt. B.Swapna v. The State Of Telangana,

2016-03-11Challa Kodanda Ram3 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.7573 of 2016 Between:

Smt. B. Swapna PETITIONER AND

1. The State of Telangana, rep. by its Commissioner of Civil Supplies Department and Ex-Officio Secretary, 3rd Floor, Civil Supplies Bhavan, Somajiguda, Hyderabad, and others. RESPONDENT

ORDER:

This writ petition is filed challenging the action of the respondents 3 and 4 in not supplying the essential commodities to the petitioner's Fair Price Shop No.2, situated at Dulapally Village, Qutbullapur Mandal, Ranga Reddy District and also in not permitting the petitioner to distribute the same to the ration card holders. It is the case of the petitioner that on 16.02.2016 the officials of 4th respondent inspected the petitioner's fair price shop, and found some variations in PDS rice excess by 46.58 kgs than the sales register, (-) 426 half Kg. sugar packets, (-) 100 kgs. wheat and Kerosene Oil 1330 liters. Basing on the non-maintenance of sales register and stock register the officials of the 4th respondent conducted panchanama on the spot stating that the dealer has violated Clause 17 and 22 of the A.P.

Public Distribution System Control Order, 2008, registered a case under Section 6-A of the Essential Commodities Act, 1955, seized the available stocks, and handed over the same to the dealer of F.P.Shop No.13 at Sriram Nagar Colony, Bhadurpally Village, Qutbullapur Mandal, Ranga Reddy District for safe custody until further orders. Challenging the same, the present writ petition is filed.

Having considered the submissions made on behalf of the petitioner and considering the fact that Section 6-A proceedings have been initiated against the petitioner on 16.02.2016, no useful purpose would be served by keeping the writ petition pending. In those circumstances, there shall be a direction to the respondent Nos.3 & 4 to consider the explanation that may be submitted by the petitioner, complete the enquiry and pass final orders

within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, the writ petition is disposed of. No order as to costs.

In view of the disposal of the main writ petition, Miscellaneous petitions, if any pending in the writ petition, shall stand closed. _____________________ CHALLA KODANDA RAM, J.

11th March, 2016