S. Khadar, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.17350 OF 2016 ORDER:

The order dated 22.04.2016 passed by the Revenue Divisional Officer, Kurnool, directing the Tahasildar, Midthur Mandal, not to allow the petitioner for lifting the essential commodities until further orders is challenged before this Court in this writ petition. As seen from the material on record, the impugned order came to be passed on the ground that petitioner's authorization was lapsed five years back and no renewal was obtained by the petitioner. It is the contention of the learned counsel for the petitioner that the petitioner had already made necessary application by paying the challan to the authorities and it is the responsibility of the authorities to renew the authorization. He further submits that the petitioner was issued with essential commodities for distribution to cardholders all these years and at no point of time any objection was raised that the petitioner was not having license.

On the other hand, learned Government Pleader opposed the writ petition on the ground that as against the impugned order appeal lies to the Joint Collector and without availing such remedy, petitioner approached this Court.

Though a finding has been recorded in the impugned order that the license has not been renewed for five years, it is an admitted fact that the petitioner was allowed to distribute the essential commodities all through which prima facie supports the contention of the petitioner that in fact he made an application along with challan for renewal to the authorities. However, this aspect of the matter is required to be verified by the appellate authority in an appeal. Hence, I am not inclined to entertain the writ petition. However, as an alternative remedy is provided against the impugned order, petitioner is given

liberty to avail the remedy of appeal. Subject to condition of the petitioner filing appeal against the impugned order within a period of two weeks from the date of receipt of a copy of this order, there shall be stay of the impugned order till disposal of the appeal by the appellate authority.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.

____________________________ Justice Challa Kodanda Ram 3rd June, 2016.

Note : Issue C.C. in a week.

B/o.

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