Venkata Ramana Rao ,V.R. Babu v. The State Of Telangana

IN THE HIGII COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRIJUSTICE T.AMARNATH GOUD WRIT PETITION NO: 15408 OF 2021 Between:

Venkata Ramana Rao @V.R. Babu, S/o, V.S.P. Rao, Aged about 55 years, Occ Business, Fair Price Shop Dealer No.13, Jannepally Village, Navipet (M), Nizamabad Dist.

...PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary, Civil Supplies Dept, Secretariat, Hyderabad 500022, Telangana

2. The Joint District Collector, Nizamabad, Nizamabad Dist. Telangana.

3. The Revenue Divisional Officer, Nizamabad, Telangana.

4. Mandal Revenue inspector, Navipet (lM), Nizamabad Dist. Telangana

5. The Dy. Tahsildar, (Enf) Navipet (M), Nizamabad Dist. Telangalft=ar.*O="r, Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF IVANDAIVUS, declaring the action of the 3'd respondent in issuing the 6A proceedings against the petitioner just based on the allegations of the inspecting authority and ordering the Confiscation of '100% value of the stock and to imposed a penalty of three times the difference the market rate and public distribution system rate of the commodity which was diverted (5.22 Qtls of nce, i.e, worked out to Rs. 32886=00), from Fair Price Shop Dealer No.

13, Jannepally Vlllage, Navipet (tt/), Nizamabad Dist, as illegal, arbitrary and contrary to the provisions of the Essential Commodities Act and against the principals of natural justice and consequently direct the 3'd respondent to continue the petitioner as Fair Price shop No.13 Jannepally Village, Navipet (l\/), Nizamabad Dist by setting aside order in Case. No. C56126012014, dt. 0311112014 passed by the Respondent. No.2 .

lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support.of the petition, the High Court may be pleased to direct the 3'd respondent to continue the petitioner as Fair Price Shop No.1 3 Jannepally Village, Navipet (lr/), Nizamabad Dist by setting aside order Case. No. CS6/260/2014, dt. 03.11.2014 passed by the Respondent. No.2.

Counsel for the Petitioner : SRI PARIMALA PARIGI Counsel for the Respondent Nos.1 & 2 : GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos.3 to 5 : GP FOR REVENUE The Court made the following: ORDER

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.154O8 OF 2O2I ORDER:

It is the case of the petitioner that upon certain irregularities committed by the petitioner the civil supplies authorities / Joint Collector has passed order of confiscation confiscating 100% value of the seized stock in favour of the Government in 6A proceedings dated 03.I1.2O14. The same was challenged by the petitioner by way of an appeal under Section 6-C of the E.C. Act before the Sessions Judge. The learned District a-nd Sessions Judge, Nizamabad by judgment dated 08.4.2015 dismissed the said appeal. Hence the present Writ Petition.

The present Writ Petition is filed only assailing the order of the Joint Collector. But the judgment of the District and Sessions Judge is not under challenge. Since the judgment of the appellate authority is not challenged, it is not for this Court to decide the matter under Arttcle 226 of the Constitution of India. Accordingly, the Writ Petition is dismissed. No order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall also stand dismissed.

SD/.B.SATYAVATHI ASSISTANT REGISTRAR //TRUE COPY'

SECTION OFFICER To One CC to Sri Parimala Parigi, Advocate [OPUC] Two CCs to GP for Civil Supplies, High Court for the State of Telangana at Hyderabad [OUT] Two CCs to GP for Revenue, High Court for the State of Telangana, Hyderabad (our) Two CD Copies One Spare Copy 4.

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HIGH COURT DATED:0810712021 1 I s € ,t zo .b ot 2u lul2s21 o.o I I S D E

ORDER

WP.No.15408 of 2021 DISMISSING THE WRIT PETITION WITHOUT COSTS.

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