Msayanna v. The State Of Telangana, Rep. By The Principal Secretary

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 3917 of 2015 ORDER:

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

2. The petitioner was appointed as a Fair Price Shop Dealer of Shop No.42 of Khudavandpur Village, Nandipet Mandal, Nizamabad District. The authorization was issued by the 3rd respondent in November, 2008. The authorization is valid up to 31.03.2016. While so, on 09.08.2014 the Deputy Tahsildar (Enforcement), Nandipet along with his staff visited the shop and noticed some variation. He seized the entire stock of the fair price shop by conducting a panchnama and handed over the stock to Fair Price Shop No.22 of Ganga Samunder Village, Nandipet Mandal for custody. Thereafter, a case under Section 6-A of the Essential Commodities Act, 1955 was filed before the Collector (CS), Nizamabad. The 3rd respondent issued proceedings on 12.08.2014 suspending the authorization of the petitioner. Challenging the said proceedings, the present writ petition is filed.

3. Now, it is an admitted fact that 6-A proceedings are pending consideration before the 2nd respondent in respect of the variation of stocks noticed by the Deputy Tahsildar (Enforcement), Nandipet on 09.08.2014. This Court cannot enquire into the validity of the proceedings dated 12.08.2014 passed by the 3rd respondent, when 6-A proceedings are pending against the petitioner. In the circumstances, the 2nd respondent is directed to dispose of the 6-A proceedings registered against the petitioner, pursuant to the inspection conducted on 09.08.2014 as expeditiously as possible but within a period of three months from the date of receipt of a copy of the order.

4. The Writ Petition is accordingly disposed of. Miscellaneous petitions, if any, pending in the writ petition shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 8th June, 2015 cbs THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

WRIT PETITION No. 3917 of 2015 8th June, 2015 cbs