K.Srinivasa Rao v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.9626 OF 2018 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies (A.P.) appearing for the respondents.

2.

An order issued by the Collector (CS), Krishna, Machilipatnam vide proceedings Rc.C1/100/2018, dated 05.03.2018, suspending the Form-B license of the petitioner herein under Clause 28(2) of the A.P. Petroleum Products (Licensing & Regulation of Supplies) Order, 1980 is under challenge in the present writ petition.

3.

The only contention advanced by the learned counsel for the petitioner is that the order impugned is not in consonance with the provisions of Clause 28(2) of the A.P. Petroleum Products Order, 1980. In elaboration, it is submitted by the learned counsel that without recording any reasons as stipulated in the said provision of law, the impugned order came to be issued and the same is highly illegal, unreasonable and unsustainable in the eye of law. 4.

On the other hand, it is submitted by the learned Government Pleader that after taking into consideration the material available and by prima facie recording satisfaction, the Collector (CS), Krishna passed the impugned order. 5.

A perusal of the order under challenge clearly discloses that the Collector (CS), Krishna, on verification of the report of the Quality Control Laboratory and after prima facie coming to a

conclusion against the alleged irregularities, issued the impugned order. Therefore, this Court is of the considered opinion that the impugned order is strictly in accordance with Clause 28(2) of the A.P. Petroleum Products Order, 1980 and this Court is not inclined to interfere with the order impugned. However, having regard to the nature of controversy and taking into consideration the submissions of the learned counsel for the petitioner, the respondents are directed to complete the enquiry strictly in accordance with law as expeditiously as possible, preferably within a period of two (2) months from the date of receipt of a copy of this order.

6.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date : 23.03.2018 AMD

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.9626 OF 2018 Date: 23.03.2018 AMD