High Court for State of TelanganaWP/1269/2015disposed of no costs

Vemuri Purna Joythi W/O Vara Prasad, v. The State Of Andhra Pradesh Rep. By Its Prl.

2015-07-15A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.1269 of 2015 ORDER:

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

2. The petitioner states that she obtained a license for doing business in food grains which was valid upto 31.03.2015 and was running a rice mill under the said license. When the petitioner made a request to release the stock register and hand over original license to the second respondent, the second respondent did not issue the stock register. In those circumstances, the present Writ Petition was filed in January, 2015.

3. The learned Government Pleader obtained written instructions from the second respondent, wherein it is stated that the license was issued in the name of the petitioner, but her husband, who was previously doing business in food grains, during the khariff marketing season was due of an amount of Rs.14,00,000/- to the farmers from whom he purchased paddy and his license expired on 30.09.2012. Later on, he obtained license in the name of his wife. Since the petitioner stated that she is not responsible for the amounts payable by her husband, the request of the petitioner for participation in mill-levy was rejected by order dated 15.04.2015. It is also stated that appropriate action against the petitioner would be taken as per the provisions of the Andhra Pradesh Scheduled Commodities Dealers (LS & R) Order, 2008.

4. In the circumstances, this Writ Petition is disposed of directing the second respondent to return the original license issued in favour of the petitioner pursuant to the representation of the petitioner dated 22.01.2015 within a period of one week from the date of receipt of a copy of this order in order to enable the petitioner to take further action. However, this will not prevent the second respondent from proceeding against the husband of the

petitioner, who was allegedly due of an amount of Rs.14,00,000/-, if the law allows him to take action against the husband of the petitioner.

5. The Writ Petition is, accordingly, disposed of. No orders as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

______________________________ A.RAMALINGESWARA RAO, J Date: 15.07.2015 TJMR