G.Goverdhan Rao v. State Of Telangana,

IN THE HIGH COURT OF JUDICATURE; AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No. 21577 of 2015 BETWEEN G.Govardhan Rao

...Petitioner

And State of Telangana, Rep. by its Ex.Officio Secretary to Government Consumer Affairs, Food and Civil Supplies (CS.1) Department, Secretariat, Hyderabad and ors.

...Respondents

DATE OF JUDGMENT PRONOUNCED: 22.07.2015.

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

1. Whether reports of Local newspapers May be allowed to see the judgments?

YES/NO

2. Whether the copies of judgments may be Marked to Law Reporters/Journals.

YES/NO

3. Whether Their Ladyship/Lordship wish to See the fair copy of the Judgment ?

YES/NO.

HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 21577 of 2015 ORDER:

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

The petitioner was appointed as Fair Price Shop Dealer for shop No.1 of Kuntala village and Mandal, Adilabad District and his authorization is valid up to 31.3.2016. It appears that on 12.6.2015 the Deputy Tahsildar (Enforcement) Nirmal along with his staff inspected the fair price shop of the petitioner and noticed variation in the stock. Pursuant to the same, 6-A proceedings were initiated and the same are pending. Thereafter the second respondent passed the impugned order dated 14.6.2015 suspending the authorization till the conclusion of 6-A proceedings. Challenging the same, the present Writ Petition is filed.

The second respondent is aware that the proceedings initiated under Section 6-A of the Essential Commodities Act are different from the disciplinary proceedings initiated by the appointing authority for violation of the conditions of the APSPDS (Control) Order,2008, under which authorization was issued. In this case, no proceedings are initiated by the respondents for cancellation of the authorization of the petitioner

under the provisions of the Control Order. Merely because 6-A proceedings are pending, the authorization of the petitioner cannot be suspended. In the circumstances, the impugned proceedings dated 14.6.2015 are liable to be set aside and accordingly they are set aside.

The Writ Petition is accordingly allowed. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No costs.

--------------------------------------------------- JUSTICE A. RAMALINGESWARA RAO DATED 22nd JULY, 2015.

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