G. Rajaiah v. Joint Collector

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.26978 OF 2008 ORDER:

Aggrieved by the initiation of 6-A proceedings under the Essential Commodities Act, 1965 (in short "the Act") for alleged irregularities this writ petition is filed.

This Court while admitting the writ petition passed an interim order directing the respondents to release the stocks to enable the petitioner to distribute essential commodities to the cardholders of Fair Price Shop, Tharunavai Village, Sangam Mandal. Though the Writ Petition is of the year 2008 no counter affidavit has been filed either by denying or admitting the allegations in the writ petition.

However, inasmuch as 6A proceedings of the Act have been issued, which contemplated an enquiry being conducted pursuant to the notice given, the writ petition can be disposed of with a direction to the respondent authorities to complete the enquiry initiated and pass final orders after taking into consideration of the objections that have been raised or may be further raised on behalf of the petitioner, and shall complete the enquiry within a period of four months from today. It is made clear that an opportunity of hearing also may be provided to the petitioner. Inasmuch as, as per the orders of this Court dated 11.12.

2008, the petitioner was allowed to continue to distribute the essential commodities pending disposal of the writ petition/enquiry, the petitioner shall be allowed to continue to distribute the essential commodities until final decision is taken by the respondent authorities.

With the above direction, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.

___________________________________ JUSTICE CHALLA KODANDA RAM Date:28.01.2016 Ssv