The District Cooperative Marketing Society, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.9570 of 2015 ORDER:

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

The petitioner is a society and is having branches through out Karimnagar District. The Jagtial Branch is running a Fair Price Shop with two employees. While so, the third respondent came to the shop on 05.03.2015 and inspected the same. Pursuant to the said inspection, a case under Section 6-A of the Essential Commodities Act (for short, the Act) was registered. A panchanama was also conducted on the same day. A show cause notice was issued by the second respondent on 17.03.2015 alleging certain irregularities and the petitioner submitted their explanation on 18.03.2015. After receipt of the explanation, an order was passed on 26.03.2015, which is impugned in the present Writ Petition.

A reading of the impugned order shows that for violation of the conditions of the PDS Control Order 2008, the authorization of the Fair Price Shop No.1920 was placed under suspension until the outcome of the case under Section 6-A of the Act. Admittedly, Section 6-A proceedings are pending before the competent authority and the impugned order survives till the disposal of the case under Section 6-A of the Act.

In the circumstances, this Writ Petition is disposed of directing the Joint Collector, Karimnagar District, to conduct an enquiry and complete the Section 6-A proceedings within a period of thirty days after following the principles of natural justice and pass appropriate orders in accordance with law. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 01.06.2015 vs