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High Court for State of TelanganaWP/20382/2015disposed of no costs

B. Narsimha Reddy, v. The State Of Telangana, Rep By Its Secretary,

2015-07-06A Ramalingeswara Rao3 pages

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 20382 of 2015 DATED 6th July, 2015 BETWEEN B.Narsimha Reddy ....Petitioner And The State of Telangana, rep. by its Secretary, Civil Supplies Department, Secretariat, Hyderabad and ors.

...Respondents.

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 20382 of 2015.

ORDER:

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

The petitioner is the Fair Price Shop Dealer for Shop No. 26 of Gunmukla village, Dhanwada Mandal, Narayanpet Division, Mahaboobnagar District. While so, a show cause notice was issued to the petitioner on 25.11.2014 under Section 6-A of the Essential Commodities Act alleging that on 29.09.2014 the fourth respondent inspected the shop of the petitioner and noticed variations in the stock. Ultimately it appears that 6-A proceedings were concluded by confiscating 100% value of the seized stock. In view thereof, the third

respondent issued impugned show cause notice dated 23.05.2015 asking the petitioner to submit his explanation. The said show cause notice is challenged in the present Writ Petition.

Learned Counsel for the petitioner submits that in the show cause notice itself, the third respondent had come to the conclusion with regard to the allegations levelled against the petitioner and in that view of the matter, he seeks indulgence of this Court to interfere with the enquiry process. He further submits that the petitioner had already submitted his explanation to the impugned show cause notice. Having regard to the facts and circumstances of the case narrated hereinabove, this Court is not inclined to interfere with the enquiry process. However, the Writ Petition is disposed of directing the third respondent to complete the enquiry and pass final order thereon within a period of three months from the date of receipt of a copy of this order by duly observing the principles of natural justice.

The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.

--------------------------------------------------- JUSTICE A.RAMALINGESWARA RAO Dated 6th July, 2015.

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