The Court stayed the cancellation of the petitioner's authorization pending the disposal of an appeal before the Joint Collector, directing the first respondent to decide within four weeks and maintain status quo.
Stated status quo of authorization and directed Joint Collector to dispose of pending appeal within four weeks.
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THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.26118 of 2006
ORAL ORDER:
This writ petition is filed seeking a Mandamus declaring the action of the second respondent in cancelling the petitioner’s authorization vide proceedings dated 8.11.2006 without conducting any enquiry as illegal, arbitrary, and violative of principles of natural justice.
It appears, petitioner is the fair price shop dealer of Yarthavandlapalle Shop No.37, Valmikipuram mandal, Madanapalle division, Chittoor district. While so, her authorization was cancelled by the second respondent vide impugned proceedings dated 8.11.2006. It is the contention of the learned counsel for petitioner that the impugned order was passed without conducting a detailed enquiry into the matter as required under law. The whole case was based on the report of the third respondent-Mandal Revenue Officer. Except calling for explanation of the petitioner, no further enquiry was conducted. This contention of the learned counsel seems to be true, but in view of the fact that the petitioner has already availed statutory remedy of appeal before the first respondent-Joint Collector and the same is pending, I deem it appropriate to direct the first respondent to consider and dispose of the appeal filed by the petitioner being aggrieved by the impugned order dated 8.11.2006 passed by the second respondent within a period of four weeks from the date of receipt of this order. Till the disposal of the appeal, status quo as on today as to the authorization of the petitioner shall be maintained.
The writ petition is accordingly disposed of. No order as to costs.
C.V.RAMULU, J
Date: 15.12.2006
DA
THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.26118 of 2006
15.12.2006
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD
THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.26118 of 2006
Date: 15th December, 2006
Between: G.Santhamma .. Petitioner And The Joint Collector, Chittoor, Chittoor district & others. .. Respondents
1 issue framed by the court
Whether the writ petition praying for declaration of illegality in cancellation of authorization should be allowed vide pending appeal before Joint Collector.
G. Santhamma
The Joint Collector, Chittoor
C.V. Ramulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
