High Court for State of TelanganaWP/27770/2015disposed of no costs

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

2015-09-07A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.27770 of 2015 ORDER:

Heard the learned counsel for petitioner and the learned Government Pleader for Civil Supplies for respondents. 2.

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 inspected the shop of the petitioner on 05.03.2015. Pursuant to the said inspection, a case under Section 6-A of the Essential Commodities Act was registered. 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 suspending the authorization of the petitioner. Challenging the said order of suspension, the petitioner filed W.P.No.

9570 of 2015 and this Court disposed of the same directing the fourth respondent herein to conduct an enquiry and complete Section 6-A proceedings within a period of thirty days. Now the present writ petition is filed stating that the fourth respondent has not disposed of 6-A proceedings, as a result, the second respondent is also not finalizing the case before him and the order passed by him on 26.03.2015 has to be set aside. 3.

In the facts and circumstances of the case, this Court is not inclined to interfere with the pending proceedings before respondents 2 and 4 and they are aware that the proceedings before them are different and independent. Hence, the fourth respondent is directed to comply with the order in W.P.No.9570 of 2015 dated 01.06.2015 and the second respondent is directed to take up the enquiry independently of the proceedings pending before him and pass final orders thereon, within a period of 30 days from the date of receipt of a copy of this order, after

giving due opportunity to the petitioner.

4. The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_____________________________________ JUSTICE A.RAMALINGESWARA RAO Date: 07.09.2015 TJMR