L.Divakar S/O L.Narsappa v. The State Of Telangana

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 9765 of 2016 O R D E R:- Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies appearing for the respondents.

The petitioner was appointed as Dealer of Fair Price Shop No.3 of Amaravai Village, Manopad Mandal, Mahabubnagar District, and his authorization is valid up to 31.03.2017. While so, basing on a report dated 22.01.2016 of the 5th respondent that the petitioner committed certain irregularities in distribution of essential commodities to cardholders, the 3rd respondent issued a show cause notice under Section 6-B of the Essential Commodities Act, 1955 (for short 'the Act') to the petitioner on 28.01.2016 calling upon him to explain the reasons as to why the seized stock should not be confiscated to the Government under Section 6-A of the Act, for which the petitioner submitted his explanation on 26.02.2016. Thereafter, the 4th respondent suspended the authorization of the petitioner pending further enquiry, vide proceedings No.H/644/2016, dated 12.02.2016. Challenging the

same, the present writ petition is filed.

The grievance of the petitioner is that without issuing any show cause notice to him, the 4th respondent passed the impugned order.

The impugned order says that the authorization of the petitioner was suspended pending enquiry and the enquiry is pending before the 4th respondent. It further reveals that no prior notice was issued to the petitioner. In the circumstances, the 4th respondent is directed to complete the enquiry after issuing a notice to the petitioner and giving an opportunity of hearing to him and pass final orders within a period of four (4) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. __________________________ CHALLA KODANDA RAM, J 28th March, 2016 cbs

HON'BLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No. 9765 of 2016 28th March, 2016 cbs