R. Rajani v. District Collector

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.26277 OF 2015 Between:

R.Rajini.

.. Petitioner And District Collector, (C.S.Wing), Warangal District and others. .. Respondents DATE OF JUDGMENT PRONOUNCED: 19-08-2015 SUBMITTED FOR APPROVAL:

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.26277 of 2015 ORDER:

The petitioner was appointed as a permanent fair price shop dealer of shop No.26, Ananthasagar Village, Hasanparthy Mandal, Warangal District. The authorization of the petitioner was renewed from time to time and, lastly, it was renewed upto 31.03.2016. While so, the shop of the petitioner was inspected on 11.06.2015 and, based on the report of the fourth respondent dated 27.07.2015, a show cause notice dated 27.07.2015 was issued to the petitioner. The petitioner states that, though she tried to submit her explanation, the same was not received by the third respondent and passed the impugned order dated 12.08.2015 cancelling her authorization. Hence the Writ Petition. The main allegation against the petitioner is that she was not in the village and running the shop through a benami. The explanation of the petitioner is that she married her aunt's son and he is an illatom son-in-law. The explanation alleged to have been submitted by the petitioner was not received by the third respondent but passed the impugned order of cancellation of authorization on 12.08.2015.

In the facts and circumstances of the case, this Court is not inclined to entertain the present Writ Petition. But, however, liberty is given to the petitioner to file an appeal before the appellate authority and it is for the appellate authority to consider the case on its own merits. As and when the petitioner files the appeal, the appellate authority shall consider and dispose of the appeal, after giving due opportunity to the petitioner, within three months from the date of receipt of the appeal.

The Writ Petition is, accordingly, disposed of.

Miscellaneous petitions, if any, pending in this writ petition shall stand disposed of. No order as to costs. _______________________________ A. RAMALINGESWARA RAO,J Date:19.08.2015 usd