Katakam Dayakar v. State Of Telangana, Rep. Through Its Secretary
HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.5541 of 2015 ORDER:
Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Civil Supplies.
2. This writ petition is filed seeking writ of Mandamus declaring the action of the respondents in not releasing the stocks pertaining to the petitioner's Fair Price Shop No.2, Basthi, at Yellandu Village and Mandal, Khammam District, for distribution of the same to the cardholders in spite of subsistence of authorisation, as illegal and arbitrary.
3. It is submitted by the learned counsel appearing for the petitioner that there was a clash between the petitioner and some villagers and on 23.02.2015 the Deputy Tahsildar (Civil Supplies) inspected the shop of the petitioner and seized the stock. Thereafter, the stocks pertaining to the shop of the petitioner were directed to be supplied by Shop No.4, Basthi, for that month. According to the petitioner, the authorisation is still in force and it was not cancelled. Hence, he filed the present writ petition contending that without there being any irregularities, stocks have not been supplied to the fair price shop of the petitioner and seeks a direction to the Revenue Authorities to supply the stocks.
4. Learned Government Pleader for Civil Supplies obtained written instructions and submitted to this Court that the authorisation of the petitioner was suspended on 27.02.2015 and the same was served on the son of the petitioner.
5. Since the authorisation was suspended and it was only on 27.02.2015, I am not inclined to go in to the merits of the case. Under these circumstances, the writ petition is disposed of directing the petitioner to prefer an appeal against the said suspension of the authorisation to the Appellate Authority and on such filing of the
appeal by the petitioner, the Appellate Authority is directed to dispose of the said appeal, within a period of eight (8) weeks thereafter. Miscellaneous applications, if any, shall stand closed. No order as to costs. __________________ R. KANTHA RAO, J Date: 06.03.2015 BSS HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.5541 of 2015
Date: 06.03.2015 BSS