G.Sathamma D/O. Buchiram Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13282 OF 2015 DATED :08.11.2018 Between :

G. Sathamma D/o.Buchiram Reddy, Age : 42 yrs, Occu : Fair Price Shop Dealer, Shop No.1964, Gullapet Village, Jagtial Mandal, Karimnagar District.

..

Petitioner And The State of Telangana, Rep., by its Principal Secretary to the Consumer Affairs, Food and Civil Supplies, Secretariat Buildings, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13282 OF 2015 ORDER :

Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies for respondents. 2.

By the order impugned, the fair price shop dealership of the petitioner is suspended until the outcome of the proceedings under Section 6-A of the Essential Commodities Act (for short 'the E.C.Act').

3.

This Court by order dated 30.04.2015, granted interim suspension of the proceedings dated 24.04.2015 and petitioner is continuing to operate the fair price shop dealership, pursuant to the interim directions of this Court.

4.

Learned counsel for the petitioner submits that on the same issue, this Court rendered judgment in W.P.No.27750 of 2010.

5.

From a reading of the above judgment, it is seen that this Court found fault with the decision to place dealership under suspension without specifying the period and merely on the ground of pending proceedings under Section 6-A of the E.C.Act, and set aside the order of suspension.

6.

Following the said decision, the order impugned is set aside and the Writ Petition is allowed. However, this order does not come in the way of competent authority taking action under Section 6-A of the E.C.Act. Pending miscellaneous petitions shall stand closed.

__________________ P.NAVEEN RAO,J 8th November, 2018 Rds