High Court for State of TelanganaWP/6954/2009disposed of no costs

M/S Sri Venkateswara Agencies, v. The Joint Collector (Civil Supplies)

2015-09-30C.V.Nagarjuna Reddy3 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.6954 of 2009 Dated 30.09.2015 Between:

M/s.Sri Venkateswara Agencies Ambajipeta, EG.District rep. by its Proprietor K.Nageswara Rao ... Petitioner and The Joint Collector (Civil Supplies) East Godavari District at Kakinada

...Respondent

Counsel for the petitioner: Mr.Avinash Singh for Mr.A.Prabhakar Rao Counsel for the respondent: AGP for Civil Supplies (AP) The Court made the following:

O r d e r :

This Writ Petition is filed for a Mandamus to set aside the Proceeding in Ref.V9/CS/169/09, dated 25-03-2009, of the

respondent whereby Form B licence of the petitioner was placed under suspension until further orders. Though the Writ Petition is of the year 2009, for the reasons best known to the respondent, no counter-affidavit has yet been filed.

The learned Assistant Government Pleader for Civil Supplies (AP) representing the respondent submitted that though the proceedings under Section 6-A of the Essential Commodities Act, 1955, have been concluded, no final order under Clause 28 (1) of the A.P.Petroleum Products (Licensing and Regulation of Supplies) Order, 1980, has been passed by the respondent.

Inasmuch as the order of interim suspension granted by this Court pertains only to suspension of the petitioner's Kerosene distributionship, the same has not prevented the respondent from passing a final order.

Be that as it may, the respondent is directed to hold an enquiry and pass a final order within two months from the date of receipt of this order. As the impugned order is under suspension from 06-04-2009, the respondent shall continue the petitioner as wholesale Kerosene distributor till the final order is passed and communicated to him.

Subject to the above directions, the Writ Petition is disposed of.

As a sequel to disposal of the Writ Petition, WPMP.No.9098 of 2009, filed by the petitioner for interim relief, is disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) Dt: 30th September, 2015 LUR