In this oral order, the court directed the Joint Collector to dispose of the petitioner's stay petition, filed along with an appeal questioning the suspension of her authorization, within two weeks. The court explicitly stated that no opinion on the merits was expressed before issuing this direction to resolve the delay.
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THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.25849 of 2006
ORAL ORDER:
This writ petition is filed seeking a Mandamus declaring the action of the respondents in not disposing of the stay petition filed along with the appeal aggrieved by the proceedings in Rc.No.C1/1747/2006 dated 23.10.2006 issued by the second respondent as illegal and arbitrary.
Under the impugned proceedings dated 23.10.2006, the authorization of the petitioner was suspended pending a detailed enquiry into the allegations made against her. In fact aggrieved by the same, petitioner has already filed statutory appeal before the first respondentJoint Collector. Along with the appeal, she also filed stay petition. The grievance of the petitioner is that the first respondent is neither taking up the appeal nor disposing of the stay petition till date.
In view of the above, without expressing any opinion on merits, the first respondent is directed to dispose of the stay petition purported to have been filed by the petitioner along with appeal questioning proceedings of the second respondent in Rc.No.C/1747/2006 dated 23.10.2006 within a period of two weeks from the date of receipt of a copy of this order.
With the above direction, the writ petition is disposed of. No order as to costs.
_____________ C.V.RAMULU, J
Date: 13.12.2006 Note: Issue C.C. in (3) days. B/o DA
THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.25849 of 2006
13.12.2006
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD
THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.25849 of 2006
Date: 13th December, 2006
Between:
Tellaprolu Indira Kumari
.. Petitioner
And
The Joint Collector,
Prakasam district, Ongole & another.
.. Respondents
3 issues framed by the court
Whether to direct the respondent to dispose of the stay petition filed by the petitioner in the pending appeal.
Whether the action of the respondents in not disposing of the stay petition is illegal and arbitrary.
Whether a writ in writ of Mandamus should issue to compel disposal of the stay petition without merits of the case being examined.
Tellaprolu Indira Kumari
The Joint Collector, Prakasam district, Ongole
Another
C.V. RAMULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
